PEOPLE v. BURNETT


245 A.D.2d 460 (1997)

666 N.Y.S.2d 658

The People of the State of New York, Respondent, v. James Burnett, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 15, 1997


Ordered that the judgment is affirmed.

The defendant contends that his conviction was based on legally insufficient evidence because the People's forensic chemist did not distinguish between the natural L-cocaine and its synthetic isomer D-cocaine. Contrary to the defendant's contention, a controlled substance under Schedule II of Public Health Law § 3306 includes cocaine and all of its isomers (Public Health Law § 3306 [b] [4]). Hence, upon the forensic...

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