Opinion
No. 2010–2694 Q CR.
2013-06-4
The PEOPLE of the State of New York, Respondent,- v. 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.
Present: WESTON, J.P., PESCE and RIOS, JJ.
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 N.Y. Slip Op 52407[U] [App Term, 2d, 11th & 13th Jud Dists 2011]; People v. Collins, 23 Misc.3d 138[A], 2009 N.Y. Slip Op 50914[U] [App Term, 2d, 11th & 13th Jud Dists 2009] ).
Accordingly, the judgment of conviction is affirmed.