Opinion
January 26, 1995
Appeal from the Supreme Court, Bronx County (Stephen Lloyd Barrett, J.).
Counsel has failed to raise and analyze a potentially meritorious issue concerning defendant's conviction for criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06), namely, whether the People proved the weight requirement under that statute (see, People v. Ryan, 82 N.Y.2d 497). "Since our own review cannot substitute for the single-minded advocacy of appellate counsel, assignment of new appellate counsel is required." (People v. Guerrone, 197 A.D.2d 460, 461.)
Concur — Sullivan, J.P., Ellerin, Kupferman and Williams, JJ.