PEOPLE v. DIAZ


157 A.D.2d 531 (1990)

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

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

January 18, 1990


The evidence in this case established that appellant engaged in an exchange of a vial of crack for $10 in prerecorded buy money. The People's expert witness established that the vial contained cocaine. However, the People never introduced evidence which would have established the weight of the cocaine. Appellant's challenge to legal sufficiency of the evidence on this basis is meritless. Neither penal statute specifies a minimum weight as an element of either crime. (Penal...

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