PEOPLE v. APONTE


287 A.D.2d 371 (2001)

731 N.Y.S.2d 691

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE APONTE, Appellant.

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

Decided October 23, 2001.


The evidence was legally sufficient to establish defendant's guilt of criminal possession of a controlled substance in the fourth degree. The People's expert testified that the total weight of the contents of a tinfoil containing cocaine as well as extraneous matter such as dirt was one quarter of an ounce plus 38.4 grains, which was more than twice the statutory threshold of one eighth of an ounce. She concluded, based on her training and experience, that the extraneous...

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