People v Cox (Lovell)

[*1] People v Cox (Lovell) 2020 NY Slip Op 51189(U) Decided on October 9, 2020 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 9, 2020
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Edmead, P.J., Cooper, Higgitt, JJ.
570166/19

The People of the State of New York, Respondent,

against

Lovell Cox, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Tandra L. Dawson, J.), rendered February 12, 2019, convicting him, upon a plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Tandra L. Dawson, J.), rendered February 12, 2019, affirmed.

The misdemeanor information charging criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03) was not jurisdictionally defective. Defendant's possession of synthetic cannabinoids or K2, a Schedule I controlled substance (see Penal Law § 220.00[5]; Public Health Law § 3306[g]; see also Matter of Sahairah J. (Rosemarie R.), 135 AD3d 452 [2016]), was established by allegations that police recovered six cigarettes containing "synthetic cannabinoids/phenethylamine ('K2')" from defendant and that the officer concluded that they contained synthetic cannabinoids/phenethylamine (K2) based upon his professional training as a police officer in the identification of drugs, his prior experience as a police officer making drug arrests, the odor emanating from the substance, an observation of the substance, "which is characteristic of this type of drug," and the defendant's statement "can I get a ticket for the K2?" (see People v Miller, 65 Misc 3d 159[A], 2019 NY Slip Op 52006[U][App Term, 1st Dept 2019], lv denied 34 NY3d 1161 [2020]; see also People v Kalin, 12 NY3d 225, 231-232 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: October 9, 2020