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PEOPLE v. E.C.

195 Misc.2d 680 (2003)

761 N.Y.S.2d 443

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. E.C., Defendant.

Supreme Court, Queens County.

April 4, 2003.

Attorney(s) appearing for the Case

Legal Aid Society (Russell Neufeld and Austin Garrett of counsel), for defendant.

Richard A. Brown, District Attorney (Brian Kohm of counsel), for plaintiff.

OPINION OF THE COURT

JOEL L. BLUMENFELD, J.

The issue presented in this case is whether People v Sierra (45 N.Y.2d 56 [1978]) precludes this court from giving the jury the instruction modeled on 1 CJI(NY) 9.65 that the temporary and lawful possession of one eighth of an ounce of cocaine is a defense to criminal possession of a controlled substance in the fourth degree...

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