The question on this motion to dismiss is whether an allegation of misdemeanor cocaine possession (Penal Law § 220.03) is legally sufficient when a police laboratory report shows the "weight/quantity" to be "residue". For the reasons stated below, I hold "residue" possession to be legally sufficient. No minimum weight need be shown to prove a violation of Penal Law § 220.03, although in cases of possession of small amounts...
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