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PEOPLE v. MARIA

227 A.D.2d 281 (1996)

642 N.Y.S.2d 667

The People of the State of New York, Appellant, v. Rafael Maria, Respondent The People of the State of New York, Appellant, v. Roher Ramirez, Respondent

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

May 21, 1996

Criminal Term reluctantly reduced the two counts pursuant to People v Ryan (82 N.Y.2d 497), which held that in order for a defendant to be convicted of a specific degree of a drug possession crime, proof must be submitted that the defendant knew the weight of the drug he or she possessed. Knowledge is a subjective element and when there is no direct admission of guilt, the evidence must be taken as a whole to determine whether a...

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