People v. Martinez

The evidence presented to the Grand Jury that defendant was observed holding a bag of crack cocaine, later determined to weigh 21/s ounces and 21 grains, was insufficient to establish that he was aware that he possessed at least two or more ounces, the threshold amount required for the second-degree possession count (Penal Law § 220.18 [1]; see, People v Sanchez, 86 NY2d 27, 34-35). However, it was sufficient to establish his awareness that the cocaine weighed 1/s ounce, or more, the threshold for fourth-degree possession (Penal Law § 220.09 [1]; see, People v Sanchez, supra, at 34; People v…