People v. Hernandez (Ramon)
This text of 69 Misc. 3d 131(A) (People v. Hernandez (Ramon)) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
People v Hernandez (2020 NY Slip Op 51188(U)) [*1]
| People v Hernandez (Ramon) |
| 2020 NY Slip Op 51188(U) [69 Misc 3d 131(A)] |
| Decided on October 9, 2020 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Decided on October 9, 2020
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead, P.J., Cooper, Higgitt, JJ.
570459/19
against
Ramon Hernandez, Defendant-Appellant.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ilana J. Marcus, J.), rendered May 29, 2019, convicting him, upon a plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposing sentence.
Per Curiam.
Judgment of conviction (Ilana J. Marcus, J.), rendered May 29, 2019, affirmed.
The misdemeanor complaint charging criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03) was not jurisdictionally defective. Defendant's possession of synthetic cannabinoids/synthetic phenethylamine, a Schedule I controlled substance (see Penal Law § 220.00[5]; Public Health Law § 3306[g]; see also Matter of Sahairah J. (Rosemarie R.), 135 AD3d 452 [2016]), was established by allegations that the police recovered two cigars containing "synthetic cannabinoids/synthetic phenethylamine ('K2')" from the ground where defendant dropped them, and that the officer concluded that the cigars contained synthetic cannabinoids/synthetic phenethylamine based on his professional training as a police officer in the identification of drugs, his prior experience as a police officer making drug arrests, and his observation of the packaging, which is characteristic of synthetic cannabinoids/synthetic phenethylamine (see People v Miller, 65 Misc 3d 159[A], 2019 NY Slip Op 52006[U][App Term, 1st Dept 2019], lv denied 34 NY3d 1161 [2020]; see also People v Kalin, 12 NY3d 225, 231-232 [2009]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur
Decision Date: October 9, 2020
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