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PEOPLE v. DIAZ

228 A.D.2d 368 (1996)

645 N.Y.S.2d 11

The People of the State of New York, Appellant, v. Nicolas Diaz, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 27, 1996

We find that the evidence before the Grand Jury was sufficient to support the charge of criminal possession of a controlled substance in the third degree. Viewed in a light most favorable to the prosecution (People v Jennings, 69 N.Y.2d 103, 115), the evidence that defendant actually handled the drugs at issue, which weighed, in the aggregate, 1¼ ounces, along with the fact that the drugs were packaged in two separate

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