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PEOPLE v. MOULTRIE

8404, 6084N/08.

100 A.D.3d 401 (2012)

953 N.Y.S.2d 189

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK MOULTRIE, Appellant.

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

November 8, 2012.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 N.Y.3d 342, 348 [2007]). Defendant asserts that the evidence failed to prove he possessed 500 milligrams of cocaine, the threshold for fifth-degree possession (Penal Law § 220.06 [5]).

The police recovered nine similar bags of cocaine from defendant, and there is nothing to suggest the possibility...

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