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PEOPLE v. MARTINEZ

228 A.D.2d 185 (1996)

643 N.Y.S.2d 551

The People of the State of New York, Appellant, v. Elvis Martinez, Respondent

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

June 6, 1996

The evidence presented to the Grand Jury that defendant was observed holding a bag of crack cocaine, later determined to weigh 2 1/8 ounces and 21 grains, was insufficient to establish that he was aware that he possessed at least two or more ounces, the threshold amount required for the second-degree possession count (Penal Law § 220.18 [1]; see, People v Sanchez, 86 N.Y.2d 27, 34-35). However, it was sufficient to establish...

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