The People of the State of New York, Respondent, v. Timothy Pickett, Defendant-Appellant. (2024)

Supreme Court, Appellate Term, New York,

The People of the State of New York, Respondent, v. Timothy Pickett, Defendant-Appellant.

570216 /19

Decided: June 13, 2024

PRESENT: Hagler, P.J., Tisch, James, JJ.

Per Curiam.

Judgment of conviction (Bahaati E. Pitt, J.), rendered March 25, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.

As the People concede, the accusatory instrument charging defendant with seventh-degree criminal possession of a controlled substance (see Penal Law § 220.03), was jurisdictionally defective and must be dismissed, since the factual allegations were insufficient to establish that defendant possessed a "controlled substance."

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: June 13, 2024

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