The People v. Leonel Pinilla Perez
Cite as: The People v. Leonel Pinilla Perez, 570126/10, NYLJ 1202584505943, at *1 (App. Tm., 1st, Decided October 3, 2012)
Before: Shulman, J.P., Hunter, Jr., Torres, JJ.
Decided: October 3, 2012
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Marc J. Whiten, J.), rendered June 23, 2009, convicting him, upon a plea of guilty, of criminal possession of marijuana in the fifth degree, and imposing sentence.
Judgment of conviction (Marc J. Whiten, J.), rendered June 23, 2009, affirmed.
The complaint sufficiently set forth the factual basis for the marijuana possession charge (see Penal Law §220.10) to which defendant pleaded guilty by alleging, inter alia, that at a specified time and location defendant was observed "holding…open to public view" a substance which one of the informant police officer's concluded to be marijuana based on several factors,
including the officer's "training…in the identification of drugs" and the substance's odor and packaging, and that the substance was later confirmed to be marijuana. The complaint thus contained "facts of an evidentiary character" (CPL 100.15) demonstrating "reasonable cause" to believe that defendant committed the crime charged (CPL 100.40[b]; see generally People v. Pearson, 78 AD3d 445 , lv denied 16 NY3d 799 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.