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PEOPLE v. LEWIS

213 A.D.2d 1065 (1995)

625 N.Y.S.2d 982

The People of the State of New York, Respondent, v. Travis Lewis, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 17, 1995

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for sentencing in accordance with the following Memorandum:

We agree with the contention of defendant that his 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

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