People v. Baity

OPINION OF THE COURT

Ellen M. Yacknin, J.

Background

Defendant Melvin Baity is charged with criminal sale of marihuana in the fourth degree, a misdemeanor under Penal Law § 221.40. Specifically, the misdemeanor information accuses defendant of selling two baggies of marihuana to an undercover police officer in exchange for $20 in Rochester, New York on January 26, 2011.

Defendant contends that the accusatory instrument is defective because it fails to assert that the marihuana he allegedly sold to the police officer weighed more than two grams. According to defendant, this assertion is essential…