PEOPLE v. BUTLER

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.