People v. Thurman

Defendant’s contention that the trial court should have charged the lesser included offense of criminal possession of a controlled substance in the seventh degree is without merit. Fourth degree possession requires the possession of one-eighth ounce or more of a narcotic drug (Penal Law §220.09 [1]). Testimony of the police chemist established that defendant, who at the time of his arrest had in his possession 161 vials of cocaine, possessed one-eighth ounce plus 12 grains of cocaine, and, further, that 54 grains equals one-eighth ounce. Defendant argues that because the contents of only 115…