People v. Mendoza

Callahan, J. P.

(dissenting). Viewing the evidence, as we must, in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), I conclude that the judgment should be affirmed. There is no dispute that the evidence was sufficient to support the jury’s finding that defendant possessed cocaine. The majority conclude, however, that there was insufficient proof from which the jury could rationally determine that the aggregate weight of the cocaine which defendant possessed exceeded "four ounces or more” (Penal Law § 220.21 [1]) due to the presence of "foreign matter” which were…