PEOPLE v. SOTO


230 A.D.2d 651 (1996)

646 N.Y.S.2d 328

The People of the State of New York, Appellant, v. Sergio Soto, Respondent

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

August 15, 1996


The hearing court's reduction of the first and third counts of the indictment in this matter, apparently upon its finding that the evidence before the Grand Jury was insufficient to establish defendant's knowledge of the weight of the contraband in question, was error. It is clear that a defendant's knowledge of the weight of a controlled substance can be shown by inferences drawn from the circumstances attendant to defendant's possession, such as the amount of the controlled...

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