People v. Noble

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE NOBLE…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 9, 1995

212 A.D.2d 399 (N.Y. App. Div. 1995)

623 N.Y.S.2d 106

Opinion

February 9, 1995

Appeal from the Supreme Court, New York County (Richard Carruthers, J.).

Having failed to object to the trial court's instruction on the weight element, defendant's argument that the trial evidence was legally insufficient because the People failed to establish that he had knowledge of the weight of the drugs he possessed is unpreserved (see, People v. Ivey, 204 A.D.2d 16, 18, lv granted 84 N.Y.2d 874).

Concur — Rubin, Asch and Nardelli, JJ.

Ellerin, J.P., and Wallach, J., dissent in a memorandum by Wallach, J., as follows:

For the reasons stated by this Court in People v. Cooper ( 204 A.D.2d 24, lv granted 84 N.Y.2d 874), I would reduce this conviction to criminal possession of a controlled substance in the seventh degree, and as so modified, affirm.