PEOPLE v. SMITH


209 A.D.2d 557 (1994)

619 N.Y.S.2d 87

The People of the State of New York, Respondent, v. Joseph Smith, Jr., Appellant

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

November 14, 1994


Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.

The Supreme Court erred in denying the defendant's request to charge criminal possession of a controlled substance in the seventh degree as a lesser included offense. A reasonable view of the evidence, to wit, the testimony as to the weight of the cocaine and the chemist's margin of error, would have supported a...

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