People v. Escoto

—Judgment unanimously reversed on the law and new trial granted on counts one, two and three of the indictment. Memorandum: Contrary to the contention of defendant, the verdict convicting him of criminal possession of a controlled substance in the first degree (Penal Law § 220.21 [1]), conspiracy in the second degree (Penal Law § 105.15), and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). We agree with defendant, however, that County Court erred in denying his…