People v. Nesmith

—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, People v Ryan, 82 NY2d 497; People v Virgo, 226 AD2d 1092; People v Lewis, 213 AD2d 1065, Iv denied 86 NY2d 782). We conclude,…