PEOPLE v. PEREZ

Viewing the evidence presented to the Grand Jury in a light most favorable to the People, we agree with the motion court that the evidence was insufficient to support a charge of criminal possession of a controlled substance in the first degree, since the mere fact that defendant was seen showing a bag containing 43/8 ounces to another person for an unspecified period of time, without more, failed to establish that he had knowledge that he possessed at least 4 ounces ( People v Delacruz, 222 AD2d 302). However, the count should have been reduced to the lesser included offense of criminal possession of a controlled substance in the second degree, since, for Grand Jury purposes, the totality of the evidence was sufficient to establish that defendant knowingly possessed at least 2 ounces ( supra).