PEOPLE v. GONZALEZ (2022)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Carmelo GONZALEZ, Defendant-Appellant.

570209 /19

Decided: October 14, 2022

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

Judgment of conviction (Robert Rosenthal, J.), rendered March 6, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.

As the People concede, the seventh-degree criminal possession of a controlled substance charge (see Penal Law § 220.03) must be dismissed. “The instrument's factual assertions gave no basis for concluding that the substance defendant possessed was a controlled substance; that is, an illegal synthetic cannabinoid as listed with precision in Public Health Law § 3306(g), as opposed to one of the many synthetic cannabinoid substances that are not criminalized in the schedule” (People v. Hill, 38 NY3d 460, 466 [2022]). Dismissal of the remaining offense, a violation of the sanitary code, is appropriate here because the People do not oppose such disposition and there is no outstanding sentence (id.).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.

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