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THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHAWN PITTERSON, Respondent.

The evidence presented to the Grand Jury demonstrates that defendant was seized after boarding the bus at the Port Authority Bus Terminal and that his travel bag was found to contain a brown paper bag which contained approximately three ounces of cocaine, packaged in 506 mini ziplock bags. This evidence was insufficient to establish that defendant was aware that he possessed at least two or more ounces, the threshold amount required for second-degree possession (Penal Law § 20.18 [1]; see, People v Sanchez, 86 NY2d 27, 34-35). However, it was sufficient to establish defendant's awareness that the cocaine weighed 1½ ounce or more, the threshold for third-degree possession (Penal Law § 220.16; see, People v Sanchez, supra, at 34). Accordingly, the count should have been reduced to third-degree possession, rather than seventh-degree possession. We have considered the People's remaining contentions and find them to be without merit.

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PEOPLE v. PITTERSON
(Dec 10, 1996)