PEOPLE v. SMALLS

No. 197

26 N.Y.3d 1064 (2015)

44 N.E.3d 209

2015 NY Slip Op 09188

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS P. SMALLS, Appellant.

Court of Appeals of New York.

Decided December 15, 2015.


Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City ( Lawrence T. Hausman of counsel), for appellant.

Robert T. Johnson , District Attorney, Bronx ( Marianne Stracquadanio , Joseph N. Ferdenzi and Karen Swiger of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On this appeal, the main issue is whether a misdemeanor information that describes the circumstances surrounding the defendant's possession of alleged drug residue, the appearance of the residue, and the officer's experience in identifying controlled substances sets forth a prima facie case of criminal possession of a controlled substance in the seventh degree...

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