People v. Monroe

OPINION OF THE COURT

Megan Tallmer, J.

Defendant originally was charged with the class B felony of criminal sale of a controlled substance in the third degree (Penal Law §220.39 [1]) and the class A misdemeanor of criminal possession of a hypodermic instrument (Penal Law § 220.45). The complaint alleges that an undercover police officer purchased a glassine of heroin from defendant and that nine hypodermic needles were recovered from defendant’s waistband. When a laboratory analysis of the glassine sold to the undercover showed no controlled substance, the felony charge was dismissed on the…