People v. Davis

OPINION OF THE COURT

Albert M. Rosenblatt, J.

The defendant, Stanley L. Houston, moves for a trial order *1013of dismissal upon a charge of sale and possession of approximately nine pounds of marihuana, under the statute by which the sale of more than a pound of marihuana is punishable as a class C felony (Penal Law, § 221.55, L 1977, ch 360), and possession of more than a pound is punishable as a class D felony (Penal Law, § 221.25, L 1977, ch 360).

The motion followed the testimony of the People’s expert witness, a New York State Police chemist, who testified that while marihuana was present, in…