People v. Mizell, 72 N.Y.2d 651 (1988)

In determining the aggregate weight of a controlled substance for the purpose of drug possession statutes, the weight of extraneous foreign matter that entered the compound during evidence gathering should not be included.

Summary

The New York Court of Appeals addressed whether the “aggregate weight” of a controlled substance, for the purpose of determining the degree of criminal possession, includes the weight of extraneous foreign matter that may have been introduced during the evidence-gathering process. The Court held that it does not. Mizell was found with chunks of cocaine and powder, but the evidence bag also contained hair, dirt, and other foreign particles. Because the prosecution failed to prove that the cocaine itself weighed at least four ounces without the extraneous matter, the conviction for first-degree criminal possession was overturned.

Facts

Police officers entered Mizell’s home with a search warrant. Mizell ran into a second-floor bedroom, and the police heard a “bang” or “clunk.” Upon entering the bedroom, the police found chunks of a white substance and white powder scattered around the room. To collect the evidence, the police used a special vacuum with a filter, separating the large chunks from the powder. The chunks were placed in one sealed bag, and the powder in another. Tests revealed the white substance contained cocaine particles. The bag containing the chunks, weighing over five ounces, was admitted into evidence. Critically, this bag also contained visible hair, dirt, and other foreign particles collected during the vacuuming process.

Procedural History

Mizell was convicted of first-degree criminal possession of a controlled substance based on the aggregate weight of the cocaine chunks and extraneous matter. The Appellate Division modified the judgment, reducing the conviction to seventh-degree criminal possession. The People appealed to the New York Court of Appeals.

Issue(s)

Whether the “aggregate weight” of a controlled substance, as required to prove first-degree criminal possession under Penal Law § 220.21, includes the weight of extraneous foreign matter that may have been introduced during the evidence-gathering process.

Holding

No, because the “aggregate weight” does not include the weight of extraneous foreign matter that may have found its way into the compound during the evidence-gathering process.

Court’s Reasoning

The Court of Appeals affirmed the Appellate Division’s decision. While acknowledging that