PEOPLE v. NESMITH


231 A.D.2d 941 (1996)

648 N.Y.S.2d 370

The People of the State of New York, Respondent, v. Tyrone Nesmith, Appellant

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

September 27, 1996


Judgment unanimously modified on the law and as modified affirmed and matter remitted to Supreme Court for sentencing in accordance with the following Memorandum: Defendant contends that his conviction of criminal possession of a controlled substance in the third degree is not supported by legally sufficient evidence because the People failed to establish that he had the requisite knowledge of the weight of the controlled substance in his possession. We agree (see...

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