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People v. Butler

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1998
248 A.D.2d 274 (N.Y. App. Div. 1998)

Opinion

March 24, 1998

Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).


Viewing the evidence in the light most favorable to defendant, there was no reasonable view of the evidence that defendant committed the lesser included offense of criminal possession of a controlled substance in the seventh degree, but not the greater offense of fifth-degree possession. Defendant's various attacks upon the chemists' testimony failed to create such a reasonable view. Analysis of a random sampling established that defendant possessed 754 milligrams of cocaine. Even if the 10% margin for error described in the expert testimony were to be applied to the calculations, defendant still possessed far in excess of the 500 milligram threshold for fifth-degree possession ( see, People v. Thurman, 179 A.D.2d 382, lv denied 79 N.Y.2d 954). We have considered defendant's remaining contentions and find them to be without merit.

Concur — Wallach, J. P., Williams, Mazzarelli and Saxe, JJ.


Summaries of

People v. Butler

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1998
248 A.D.2d 274 (N.Y. App. Div. 1998)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK BUTLER, Appellant

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

Date published: Mar 24, 1998

Citations

248 A.D.2d 274 (N.Y. App. Div. 1998)
670 N.Y.S.2d 81

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