People v. Ifill

OPINION OF THE COURT

Richard B. Lowe, III, J.

This case presents the issue of whether the possession of cocaine residue is sufficient to support a charge of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03).

FACTS

The defendant was arrested on August 2, 1986, and charged with criminal possession of a controlled substance in the *15seventh degree (Penal Law § 220.03) and unlawful possession of marihuana (Penal Law § 221.05) in an accusatory instrument which reads, in pertinent part, as follows: "Deponent states that defendant knowingly and unlawfully possessed a…