People v. E.C.

OPINION OF THE COURT

Joel L. Blumenfeld, J.

The issue presented in this case is whether People v Sierra (45 NY2d 56 [1978]) precludes this court from giving the jury the instruction modeled on 1 CJI(NY) 9.65 that the temporary and lawful possession of one eighth of an ounce of cocaine is a *681defense to criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]).

In determining whether to charge a particular defense, the court is required to view the evidence adduced at trial in a light most favorable to the defendant (see People v Butts, 72 NY2d 746, 750 [1988]).…