| People v Pickett (Timothy) |
| 2024 NY Slip Op 50720(U) [83 Misc 3d 127(A)] |
| Decided on June 13, 2024 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Bahaati E. Pitt, J.), rendered March 25, 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 (Bahaati E. Pitt, J.), rendered March 25, 2019, reversed, on the law, the accusatory instrument dismissed, and surcharge, if paid, remitted.
As the People concede, the accusatory instrument charging defendant with seventh-degree criminal possession of a controlled substance (see Penal Law § 220.03), was jurisdictionally defective and must be dismissed, since the factual allegations were insufficient to establish that defendant possessed a "controlled substance."
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur I concur I concur