People v. Christian

Sullivan, J. P., and Rubin, J., dissent in a memorandum by Sullivan, J. P., as follows:

I would affirm defendant’s conviction of criminal possession of a controlled substance in the fifth degree since defendant failed to preserve as a point of law his claim that the trial evidence was legally insufficient to establish that he knew that the quantity of cocaine he possessed was at least 500 milligrams. (See, People v Ivey, 204 AD2d 16.)