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Legal Opinion

People v. Hernandez

Criminal Court of the City of New York

Decided May 15, 1984PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Stanley Gartenstein, J.

In a drug-related prosecution, may a complaint be deemed properly converted to an information (CPL 170.65) solely upon the corroborating affidavit of the arresting officer on personal knowledge and without a lab report showing the alleged contraband in fact to be a controlled substance?

The court’s ruling on this issue is of more than academic interest to the defendant who is charged with the criminal sale of marihuana and has been incarcerated since arraignment upon failure to post bail. Inasmuch as the statutory period of five days during which the…

2Cases cited7 opinions

  1. People v. ZambounisNew York Court of Appeals · 1929
  2. People v. WeinbergNew York Court of Appeals · 1974
  3. People v. KennyNew York Court of Appeals · 1972
  4. People v. JamesNew York Court of Appeals · 1958
  5. People v. LeonardNew York Court of Appeals · 1960

2 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. People v. HarvinCriminal Court of the City of New York · 1984
  2. People v. McMillanCriminal Court of the City of New York · 1984
  3. People v. EscaleraCriminal Court of the City of New York · 1989
  4. People v. BurtonCriminal Court of the City of New York · 1986
  5. People v. RanieriCriminal Court of the City of New York · 1985

4 more not listed; retrieve them via the Exa API.

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