Opinion
No. 570351/19
09-27-2022
The People of the State of New York, Respondent, v. Glenn Graham, Defendant-Appellant.
Unpublished Opinion
PRESENT: Brigantti, J.P., Tisch, Michael, JJ.
Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ilana J. Marcus, J.), rendered April 10, 2019, convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposing sentence.
PER CURIAM.
Judgment of conviction (Ilana J. Marcus, J.), rendered April 10, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.
As the People concede, the seventh-degree criminal possession of a controlled substance charge (see Penal Law § 220.03) must be dismissed. "The instrument's factual assertions gave no basis for concluding that the substance defendant possessed was a controlled substance; that is, an illegal synthetic cannabinoid as listed with precision in Public Health Law § 3306(g), as opposed to one of the many synthetic cannabinoid substances that are not criminalized in the schedule" (People v Hill, ___ N.Y.3d ___, 2022 NY Slip Op 03930, *3 [2022]). Dismissal of the remaining offense, a violation of the sanitary code, is appropriate here because the People do not oppose such disposition and defendant was sentenced to a conditional discharge, with no sentence to serve (id.).
All concur