People v. Cannon

KINGS COUNTY
Criminal Practice

New York Law Journal

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Judge John Hecht

Charged with criminal possession of marijuana based on an allegation he possessed a marijuana cigar found in his car, Cannon moved for dismissal of the accusatory instrument for facial insufficiency and speedy trial grounds. He argued the accusatory instrument did not become an information until a positive lab report was served, which was beyond the 60 days allotted for prosecutors to be ready for trial on a B misdemeanor. The court stated the sworn statement of the officer that a field test of the alleged marijuana confirmed its nature was sufficient for an information. Further, the court noted the Court of Appeals in People v. Kalin found that allegations similar to those here regarding the officer's training and experience and packaging of the substance were sufficient to identify the substance in the absence of a lab report. Thus, the absence of a lab report or field test did not affect the facial sufficiency of the present accusatory instrument, its ability to confer trial jurisdiction on the court, and the prosecutions' ability to announce readiness to try it. Hence, the filing within 22 days of arraignment was timely, and the motion was denied.

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