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PEOPLE v. NUNN

2009KN030910

2009 NY Slip Op 29275

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

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

Decided June 14, 2009.

Attorney(s) appearing for the Case

For the People, Charles J. Hynes, District Attorney, Kings County, by Stephanie Oddo, Esq., Assistant District Attorney.

For the Defendant, Seymour James, Esq., The Legal Aid Society, by Thomas M. O'Brien, Esq.

JOHN H. WILSON, J.

Does the exercise of the court's discretion, authorized in People v. Kalin, 2009 NY Slip Opinion 2446, 2009 WL 813000 (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 Possession of a Controlled Substance...

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