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PEOPLE v. NUNN

2009KN030910

24 Misc.3d 944 (2009)

882 N.Y.S.2d 887

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. PERNELL NUNN, Defendant.

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

June 14, 2009.

Attorney(s) appearing for the Case

Legal Aid Society (Seymour James and Thomas M. O'Brien of counsel), for defendant.

Charles J. Hynes, District Attorney (Stephanie Oddo of counsel), for plaintiff.

OPINION OF THE COURT

JOHN H. WILSON, J.

Does the exercise of the court's discretion, authorized in People v Kalin (12 N.Y.3d 225 [2009]), to deem a misdemeanor complaint charging a drug-related offense to be an information in the absence of a field test or laboratory analysis violate the defendant's constitutional right to due process?

Factual Statement

Defendant is charged with one count of criminal...

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