PEOPLE v. JOHNSON

1226, 6180/05.

66 A.D.3d 537 (2009)

887 N.Y.S.2d 79

2009 NY Slip Op 7470

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL JOHNSON, Appellant.

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

Decided October 20, 2009.


The court, which submitted seventh-degree possession as a lesser included offense of third-degree possession based on intent to sell, properly declined to submit seventh-degree possession under another count charging third-degree possession based on the weight of the drugs. There was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge. The scientific evidence established that the weight of the drugs in defendant's possession was...

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