Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Marcel Rivera, Appellant
223 A.D.2d 454636 N.Y.S.2d 1008·New York Supreme Court, Appellate Division·1996·NY
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Opinion
The People of the State of New York, Respondent, v Marcel Rivera, Appellant.
[636 NYS2d 1008]
[MAJORITY]
Judgment, Supreme Court, New York County (James Leff, J.), rendered April 20, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a hypodermic instrument, and sentencing him, as a second felony offender, to prison terms of 12 to 24 years, 12 to 24 years, and 1 year, respectively, unanimously affirmed.
Defense counsel’s application to withdraw from the appeal is denied. We find no abuse of discretion in sentencing. Concur—Sullivan, J. P., Wallach, Rubin, Kupferman and Mazzarelli, JJ.