PEOPLE v. IVEY


204 A.D.2d 16 (1994)

The People of the State of New York, Respondent, v. Lenton Ivey, Appellant

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

September 27, 1994.


Attorney(s) appearing for the Case

Elizabeth Buckley of counsel, New York City (Philip L. Weinstein and Debevoise & Plimpton, attorneys), for appellant.

Ellen Sue Handman of counsel, New York City (Eleanor J. Ostrow on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

ASCH and NARDELLI, JJ., concur with SULLIVAN, J. P.; ROSENBERGER and ELLERIN, JJ., concur in a separate opinion by ELLERIN, J.


SULLIVAN, J. P.

Defendant was convicted, after a jury trial, of criminal possession of a controlled substance in the second degree (Penal Law § 220.18 [1]), which required proof that "he knowingly and unlawfully possesse[d] * * * one or more preparations, compounds, mixtures or substances of an aggregate weight of two ounces or more containing a narcotic drug". Although he does not contest the finding that...

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