PEOPLE v. HERNANDEZ


124 Misc.2d 376 (1984)

The People of the State of New York, Plaintiff, v. Johnny Hernandez, Defendant.

Criminal Court of the City of New York, New York County.

May 15, 1984


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Scott Hershman of counsel), for plaintiff. Sandra Rovira for defendant.


STANLEY GARTENSTEIN, J.

In a drug-related prosecution, may a complaint be deemed properly converted to an information (CPL 170.65) solely upon the corroborating affidavit of the arresting officer on personal knowledge and without a lab report showing the alleged contraband in fact to be a controlled substance?

The court's ruling on this issue is of more than academic interest to the defendant who is charged with the criminal sale of marihuana...

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