People v. Hurd

OPINION OF THE COURT

Kenneth L. Gartner, J.

In People v Burton (133 Misc 2d 701, 704 [Crim Ct, NY *609County 1986]), the court observed that “[Research has not disclosed one case in which a court has held an information charging either possession or sale of cocaine or heroin facially sufficient without a laboratory report” confirming the substance to in fact be heroin or cocaine. Further research confirms this still to be the case (at least in New York). Based upon the current state of the law as delineated by the Court of Appeals, however, this court does now so hold.

The defendant is charged with…