Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for sentencing in accordance with the following Memorandum: Defendant's conviction of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]) is not supported by legally sufficient evidence that defendant had the requisite knowledge of the weight of the controlled substance (see, People v Ryan,
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PEOPLE v. MAYE
214 A.D.2d 1026 (1995)
627 N.Y.S.2d 594
The People of the State of New York, Respondent, v. Rosemary Maye, Appellant
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
April 28, 1995
April 28, 1995
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
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