People v. McLaughlin

OPINION OF THE COURT

Heidi C. Cesare, J.

Defendant, charged by information with one count of imitation controlled substances (Public Health Law § 3383 [2]), moves for an order dismissing the information pursuant to CPL 170.30, 170.35 and 100.40. For the reasons stated below, defendant’s motion to dismiss the information is granted.*

A. The Allegations

The accusatory instrument sworn out by Police Officer Richard Caster of the NYPD 10th Precinct provides as follows:

“I observed the defendant give the separately charged defendant . . . what appeared to me to be cocaine by placing it on the…