People v. Gaines
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence is insufficient to support his conviction of two counts of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06) because the People failed to establish his knowledge of the weight of the cocaine (see, People v Ryan, 82 NY2d 497). That contention has not been preserved for our review (see, People v Gray, 86 NY2d 10, and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). We also decline to review…
2Cases cited2 opinions
- People v. GrayNew York Court of Appeals · 1995
- People v. RyanNew York Court of Appeals · 1993
3Cited by2 opinions
- People v. PierceAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1995