People v. Roosevelt Jennings
AT2 order dated December 27, 2011, affirming judgment of conviction. Decision below: 34 Misc.3d 137(A), 946 N.Y.S.2d 68. Smith, J., granted June 27, 2012.
ISSUE PRESENTED: The sufficiency of the allegations of the misdemeanor accusatory instrument, where it was not accompanied by a lab report identifying the drug as crack cocaine, but instead contained a statement by the arresting officer that she identified the substance based upon her professional training and prior experience. (Assigned counsel: Steven Banks, Legal Aid Society, Criminal Appeals Bureau, 199 Water Street, NYC 10038.)
Issue before the Court: Was the accusatory instrument facially sufficient to show defendant’s knowledge of the presence of the controlled substance?
Held: Yes, where the accusatory instrument and lab report referred to visible residue and the arresting officer observed defendant in possession of the glass pipe before dropping it.