| People v Smalls |
| 2014 NY Slip Op 02387 [116 AD3d 474] |
| April 8, 2014 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Dennis P. Smalls, Appellant. |
—[*1] Robert T. Johnson, District Attorney, Bronx (Marianne Stracquadanio of counsel),for respondent.
Judgment, Supreme Court, Bronx County (Robert Sackett, J.), rendered December19, 2011, convicting defendant, upon his plea of guilty, of criminal possession of acontrolled substance in the seventh degree, and sentencing him to a term of 30 days,unanimously affirmed.
The information was not jurisdictionally defective. Nonhearsay allegationsestablished every element of the charged offense, notwithstanding the absence of alaboratory report (see People vKalin, 12 NY3d 225 [2009]). Based on the allegation that defendant possessed aglass pipe containing "a tar-like substance" that, based on the officer's "training in therecognition of controlled substances and their packaging, . . . [he] believedto be crack-cocaine residue," an inference can be drawn that defendant knew that he wasin possession of cocaine (seePeople v Jennings, 22 NY3d 1001 [2013]). We have considered and rejecteddefendant's remaining arguments. Concur—Mazzarelli, J.P., Andrias, DeGrasse,Feinman and Kapnick, JJ.
Motion for permission to file supplemental brief denied. Concur—Mazzarelli,J.P., Andrias, DeGrasse, Feinman and Kapnick, JJ.