People v. Virgo

Judgment unanimously modified on the law and as modified affirmed and matter remitted to Onondaga County Court for sentencing in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of criminal possession of a controlled substance in the first degree, criminal possession of a controlled substance in the third degree and two counts of criminal use of drug paraphernalia in the second degree. He contends that his conviction of criminal possession of a controlled substance in the first degree is not supported by legally sufficient evidence because the People…