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PEOPLE v. SANCHEZ

86 N.Y.2d 27 (1995)

652 N.E.2d 925

629 N.Y.S.2d 179

The People of the State of New York, Appellant, v. Tomas Sanchez, Respondent. The People of the State of New York, Appellant-Respondent, v. Jose Garcia, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney of Bronx County, Bronx (Billie Manning and Joseph N. Ferdenzi of counsel), for appellant in the first above-entitled action and appellant-respondent in the second above-entitled action.

Mitchell J. Briskey, New York City, and Philip L. Weinstein for respondent in the first above-entitled action.

Victor Schurr, Bronx, for respondent-appellant in the second above-entitled action.

Brenner & Scott, Melville (Jonathan C. Scott of counsel), for New York State Association of Criminal Defense Lawyers, amicus curiae in the first and second above-entitled actions.

Chief Judge KAYE and Judges TITONE, LEVINE and CIPARICK concur with Judge SMITH; Judge BELLACOSA dissents in part in a separate opinion in which Judge SIMONS concurs.

SMITH, J.

The issue in these cases is whether the evidence before the Grand Jury was sufficient to support charges of criminal possession of contraband under our decision in People v Ryan (82 N.Y.2d 497). Ryan requires that the People demonstrate sufficient legal evidence of a defendant's knowledge of the weight of prohibited drugs to sustain the possession charges...

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