PEOPLE v. OWENS (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Leroy OWENS, Defendant–Appellant.

570173 /16

Decided: January 08, 2018

PRESENT: Shulman, J.P., Ling–Cohan, Gonzalez, JJ.

Judgment of conviction (Abena Darkeh, J.), rendered January 21, 2016, affirmed.

The accusatory instrument was not jurisdictionally defective. It charged all the elements of criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03), and set forth sufficient factual allegations to show the basis for the arresting officer's conclusion that the substance at issue was a controlled substance. The instrument recited that police recovered a “pipe containing crack/cocaine residue from defendant's left hand,” and that the officer believed the substance to be crack/cocaine “based upon [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 item, which is characteristic of crack/cocaine” (see People v. Smalls, 26 NY3d 1064 [2015]; People v. Kalin, 12 NY3d 225 [2009]; People v. Pearson, 78 AD3d 445 [2010], lv denied 16 NY3d 799 [2011] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

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