PEOPLE v. GRAY


86 N.Y.2d 10 (1995)

652 N.E.2d 919

629 N.Y.S.2d 173

The People of the State of New York, Appellant, v. Mike Gray, Respondent. The People of the State of New York, Appellant, v. Patricia Cooper, Respondent. The People of the State of New York, Appellant, v. Marshal Gordon, Respondent. The People of the State of New York, Respondent, v. Lenton Ivey, Appellant. The People of the State of New York, Respondent, v. Michael Barnes, Appellant. The People of the State of New York, Respondent, v. Francisco Tejada, Also Known as Rubin Rodriguez, Appellant.

Court of Appeals of the State of New York.

Decided May 11, 1995.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney of New York County, New York City (Joseph J. Dawson, Mark Dwyer and Polly Greenberg of counsel), for appellant in the first and second above-entitled actions.

Jonathan P. Willmott, New York City, and Philip L. Weinstein for respondent in the first above-entitled action.

Susan H. Salomon, New York City, and Philip L. Weinstein for respondent in the second above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Nancy D. Killian and Peter D. Coddington of counsel), for appellant in the third above-entitled action.

Adrienne Hale, New York City, and Philip L. Weinstein for respondent in the third above-entitled action.

Debevoise & Plimpton, New York City (Elizabeth Buckley of counsel), and Philip L. Weinstein for appellant in the fourth above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Joseph J. Dawson, Mark Dwyer and Ellen Sue Handman of counsel), for respondent in the fourth above-entitled action.

Svetlana M. Kornfeind, New York City, and Philip L. Weinstein for appellant in the fifth above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Joseph J. Dawson, Mark Dwyer and Sheryl Feldman of counsel), for respondent in the fifth above-entitled action.

Arthur H. Hopkirk, New York City, and Philip L. Weinstein for appellant in the sixth above-entitled action.

Robert T. Johnson, District Attorney of Bronx County, Bronx (Howard B. Sterinbach and Peter D. Coddington of counsel), for respondent in the sixth above-entitled action.

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

Christine Duisin, Riverhead, for New York State District Attorneys' Association, amicus curiae in the second, third, fourth, fifth and sixth above-entitled actions.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur.


SMITH, J.

We hold that where a defendant seeks to argue on appeal, in accordance with People v Ryan (82 N.Y.2d 497), that the People have failed to establish the defendant's knowledge of the weight of drugs, preservation of that contention is required by an appropriate objection.1

In each of these cases the defendant argues that no...

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