Lawrence P. Dixon v. Thomas J. Miller, Acting Superintendent, Woodbourne Correctional Facility

I agree with the majority’s determination of all issues except the question of sufficiency of the evidence against Dixon. In my view, there was insufficient evidence in the trial record to permit a rational juror to find beyond a reasonable doubt that Dixon knew the weight of the drugs found in the car he was operating. Accordingly, under the principles set forth in People v. Ryan, 82 N.Y.2d 497, 626 N.E.2d 51, 605 N.Y.S.2d 235 (1993), and its progeny, the State failed to prove an essential element of the offense. I therefore believe that the petition should be granted,1 and must respectfully…