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216 A.D.2d 213

People v. Cooper

Appellate Division of the Supreme Court of the State of New York · decided 1995-06-29

Decided 1995-06-29

¶1Upon remittitur from the Court of Appeals, judgment, Supreme Court, New York County (Angela M. Mazzarelli, J.), rendered September 9, 1992, convicting defendant, after jury trial, of criminal possession of a controlled substance in the fifth degree and sentencing her, as a second felony offender, to 21lz to 5 years imprisonment, unanimously affirmed.

¶2Defendant failed to preserve her right to appellate review of the issue of proof of her knowledge of the weight of the cocaine. Furthermore, upon reexamination of the facts, we find that this record does not warrant consideration of this issue under our "interest of justice” authority (CPL 470.15 [3]). Concur— Murphy, P. J., Wallach, Asch and Tom, JJ.

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