People v. Tejada

Memorandum.

Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered April 20, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree and sentencing him, as a second felony offender, to a term of 5 to 10 years, affirmed. Sua sponte, leave to appeal to the Court of Appeals is hereby granted by Justice Tom.

In the absence of an objection to the court’s charge, which did not apply the scienter requirement to the weight element of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09…