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People v Chao (George)
2013 NY Slip Op 50941(U) [39 Misc 3d 148(A)]
Decided on June 4, 2013
Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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 June 4, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : WESTON, J.P., PESCE and RIOS, JJ
2010-2694 Q CR.

The People of the State of New York, Respondent, —

against

George Chao, Appellant.


Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Toko Serita, J.), rendered August 6, 2010. The judgment convicted defendant, upon his plea of guilty, of disorderly conduct.


ORDERED that the judgment of conviction is affirmed.

Defendant, who ultimately pleaded guilty to disorderly conduct (Penal Law § 240.20), was initially charged in an information with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). Defendant contends that the information was facially insufficient because the factual allegation therein by the arresting officer, identifying the drug that he had found in defendant's possession as ketamine, was conclusory.

In the information, the arresting officer stated that he had observed defendant with white powder under his nose, that eight vials of ketamine had been recovered from defendant's pockets, and that he had concluded that the substance recovered was ketamine based upon his experience as a police officer and his training in the identification and packaging of controlled substances. We find that the foregoing sworn allegations by the arresting officer sufficiently established the basis for his belief that defendant was in possession of the controlled substance ketamine (see People v Kalin, 12 NY3d 225 [2009]; People v Jennings, 34 Misc 3d 137[A], 2011 NY Slip Op [*2]52407[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; People v Collins, 23 Misc 3d 138[A], 2009 NY Slip Op 50914[U] [App Term, 2d, 11th & 13th Jud Dists 2009]).

Accordingly, the judgment of conviction is affirmed.

Weston, J.P., Pesce and Rios, JJ., concur.
Decision Date: June 04, 2013