People v. McMillan

OPINION OF THE COURT

Alan D. Marrus, J.

This case presents for review an issue which arises in thousands of misdemeanor drug possession cases each year and which has divided the Judges of the New York City Criminal Court more than any other: May a defendant charged with misdemeanor possession of a controlled substance be detained in jail beyond five days from arraignment solely upon the affidavit of a police officer that he observed the defendant in possession of the controlled substance? The defendant here contends that a laboratory report verifying the existence of a controlled substance or,…