308 A.D.2d 386 764 N.Y.S.2d 622

The People of the State of New York, Respondent, v Samuel Mills, Appellant.

[764 NYS2d 622]

—Judgment, Supreme Court, New York County (Rosalyn Richter, J.), rendered April 5, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

Defendant’s challenge to the sufficiency of the evidence is un*387preserved (People v Gray, 86 NY2d 10 [1995]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence warranted the conclusion that defendant acted as a steerer and lookout in the drug transaction (see People v Bello, 92 NY2d 523 [1998]).

The court properly declined to charge criminal facilitation in the fourth degree, since criminal facilitation is not a lesser included offense of criminal sale of a controlled substance, irrespective of whether the indictment alleges accessorial conduct (People v Atkins, 173 AD2d 424 [1991], lv denied 78 NY2d 961 [1991]).

We perceive no basis for reducing the sentence. Concur— Buckley, P.J., Nardelli, Tom, Mazzarelli and Gonzalez, JJ.

People v. Mills
308 A.D.2d 386 764 N.Y.S.2d 622

Case Details

Name
People v. Mills
Decision Date
Sep 23, 2003
Citations

308 A.D.2d 386

764 N.Y.S.2d 622

Jurisdiction
New York

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