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PEOPLE v. ALVAREZ

1560, 2667/93

69 A.D.3d 475 (2010)

893 N.Y.S.2d 46

2010 NY Slip Op 367

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AMANTINA ALVAREZ, Appellant.

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

Decided January 19, 2010.

At the time of the trial in 1994, the crime of criminal possession of a controlled substance in the second degree for which defendant was convicted required proof that she both possessed at least two ounces of cocaine (Penal Law § 220.18 [former (1)]) and knew that she possessed at least two ounces of cocaine (People v Ryan, 82 N.Y.2d 497 [1993]). The evidence at trial was that defendant possessed a clear plastic bag containing...

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