People v. Quinones

228 A.D.2d 190, 643 N.Y.2d 96, 643 N.Y.S.2d 96, 1996 N.Y. App. Div. LEXIS 6373

Opinion

After the trial court granted defendant’s motion to dismiss the count charging him with criminal possession of a controlled substance in the first degree based on his argument that the prosecution did not prove his knowledge of the weight of the drugs he was convicted of possessing (People v Ryan, 82 NY2d 497), the Court of Appeals determined that such an argument must be preserved for review as a matter of law by specific objection or a motion to dismiss at the close of evidence specifically directed to the alleged error (People v Gray, 86 NY2d 10, 19-20). Since no such objection or motion was made in this case, we reverse the court’s order setting aside the verdict which found defendant guilty of criminal possession of a controlled substance in the first degree (see, CPL 330.30 [1]). We note that any review of defendant’s argument in the interest of justice must await a possible future appeal by the defendant after sentencing (People v Colon, 65 NY2d 888, 890). Concur— Milonas, J. P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.