People v. Smith

OPINION OF THE COURT

Joel M. Goldberg, J.

The question on this motion to dismiss is whether an allegation of misdemeanor cocaine possession (Penal Law § 220.03) is legally sufficient when a police laboratory report shows the "weight/quantity” to be "residue”. For the reasons stated below, I hold "residue” possession to be legally sufficient. No minimum weight need be shown to prove a violation of Penal Law § 220.03, although in cases of possession of small amounts, it may be difficult to prove guilt beyond a reasonable doubt since "knowing” possession is an element of the crime. However, this…