641 N.Y.S.2d 672 | N.Y. App. Div. | 1996
Order, Supreme Court, Bronx County (Alexander Hunter, J.), entered on or about October 4, 1994, which, inter alia, granted defendant’s motion to reduce the first count of the indictment charging him with criminal possession of a controlled substance in the first degree to criminal possession of a controlled substance in the seventh degree, unanimously modified, on the law, to the extent of vacating such reduction and instead reducing this count to criminal possession of a controlled substance in the second degree, and otherwise affirmed.
Viewing the evidence presented to the Grand Jury in a light most favorable to the People (People v Delacruz, 222 AD2d 302), we conclude that the court properly determined that the evidence was insufficient to support the first count of the indict