PEOPLE v. CUBERO (2020)

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 observed defendant smoking a cigarette containing “synthetic cannabinoids/synthetic phenethylamine (‘K2’)” and that the officer concluded that the substance was K2 based on his professional training as a police officer in the identification of drugs, his prior experience as a police officer making drug arrests, the odor emanating from the substance, and an observation of the substance, “which is characteristic of this type of drug” (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.

Per Curiam.