People v. Smith
Court: Appellate Division of the Supreme Court of the State of New York; July 14, 1995; New York; State Appellate Court
Judgment affirmed unanimously. The defendant's arguments regarding (1) denial of a fair trial due to erroneous hearsay evidence admission, (2) insufficient evidence for conviction of criminal possession of a controlled substance in the fifth degree (Penal Law 220.06) based on lack of established knowledge of cocaine weight, and (3) trial court's failure to provide a circumstantial evidence charge using the moral certainty standard were not preserved for review. The court chose not to exercise discretionary review of these contentions. However, the conviction for criminal possession of a controlled substance in the third degree is supported by sufficient evidence indicating the defendant possessed cocaine with intent to sell, demonstrated by possession of 21 individually wrapped packages. The appeal originated from the Supreme Court, Erie County, with Judge Wolfgang presiding. Judges Green, Pine, Fallon, Callahan, and Davis concurred.