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PEOPLE v. SWAMP

84 N.Y.2d 725 (1995)

646 N.E.2d 774

622 N.Y.S.2d 472

The People of the State of New York, Respondent, v. Steven L. Swamp, Appellant.

Court of Appeals of the State of New York.

Decided January 10, 1995.

Attorney(s) appearing for the Case

David V. Shaw, Public Defender of St. Lawrence County, Canton (Mark F. Kennedy of counsel), for appellant.

Richard V. Manning, District Attorney of St. Lawrence County, Canton (Donald S. Thomson of counsel), for respondent.

Judges SIMONS, TITONE, BELLACOSA, LEVINE and CIPARICK concur with Chief Judge KAYE; Judge SMITH dissents and votes to reverse in a separate opinion.

Chief Judge KAYE.

Where the Grand Jury heard only the results of a preliminary field test indicating the presence of cocaine, was an indictment charging possession of cocaine supported by legally sufficient evidence, or were the People required to submit the results of a formal laboratory analysis? Because the evidence before the Grand Jury, if uncontradicted, established that defendant possessed cocaine, we...

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