People v. Noble

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant was arrested in October 1992 for possession of 39 vials containing over 1,350 milligrams of pure cocaine. He was convicted, after a jury trial, of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]). The Appellate Division affirmed, concluding that the issue of defendant’s knowledge of the weight of the evidence had not been preserved. Subsequently, this Court decided People v Gray (86 NY2d 10), holding that defendant was required to preserve the issue of his…