Opinion
June 6, 1996
Appeal from the Supreme Court, New York County (Bruce Allen, J.).
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 N.Y.2d 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 N.Y.2d 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). 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 N.Y.2d 888, 890).
Concur — Milonas, J.P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.