People v. Argro

Memorandum. Defendant was convicted of possession of a dangerous drug in the fourth degree (Penal Law, § 220.15, subd 2, par [b], cl [i]) for having in his possession 148 glassine envelopes packed in 10 batches which, according to the People’s expert, consisted of one third of an ounce of a substance containing heroin. On this appeal the defendant claims that because the toxicologist’s opinion was based on an analysis of 10 envelopes selected one from each of the 10 batches at random, the People failed to prove beyond a reasonable doubt that he possessed one eighth of an ounce or more of a…