Opinion
570268/14
10-12-2018
The PEOPLE of the State of New York, v. Steven POWERS, Defendant-Appellant.
Per Curiam.
Judgment of conviction (Richard M. Weinberg, J.), rendered January 6, 2014, affirmed.
The accusatory instrument was not jurisdictionally defective. It charged all the elements of criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03 ), and set forth sufficient factual allegations to show the basis for the arresting officer's conclusion that the substance at issue was a controlled substance. The instrument recited that police "recovered a controlled substance to wit pills of Ketamine from defendant's right hand" and that the officer knew the pills were Ketamine "based upon his professional training as a police officer in the identification of drugs, his prior experience as a police officer in drug arrests, and observation of the packaging, which is characteristic of this type of drug" (see People v. Smalls , 26 NY3d 1064 [2015] ; People v. Kalin , 12 NY3d 225, 231-232 [2009] ; People v. Pearson , 78 AD3d 445 [2010], lv denied 16 NY3d 799 [2011] ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.