People v. Leyva

*499OPINION OF THE COURT

Elisa S. Koenderman, J.

The defendant, Juan Leyva, is charged with one count of criminal sale of marijuana (Penal Law § 221.40) and one count of unlawful possession of marijuana (Penal Law § 221.05). Defendant moves to dismiss the count charging him with sale of marijuana as facially insufficient, and for other procedural relief. The issue before the court is whether a police officer’s allegation that a separately arrested individual made a statement incriminating the defendant is inadmissible hearsay, and, thus, insufficient to convert a complaint into an information…