People v. Alvarez

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 NY2d 497 [1993]). The evidence at trial was that defendant possessed a clear plastic bag containing 2XU ounces and 16 grains of cocaine. Even assuming that the evidence was legally sufficient to establish that defendant knew that the cocaine weighed more than two…