People v. Morgan

OPINION OF THE COURT

Harold Beeler, J.

This felony narcotics prosecution, involving the street sale of some two vials of crack cocaine, raises important questions *835concerning this court’s long-standing practice of requiring the People to produce a "positive” laboratory analysis, prior to sentence, in drug cases where a defendant has waived prosecution by indictment and pleaded guilty to a superior court information.

Defendant in this case was charged by felony complaint with criminal sale of a controlled substance in the third degree (Penal Law § 220.39), and pleaded guilty under a superior court…