People v. Rodriguez

OPINION OF THE COURT

Harold Adler, J.

The issue before this court is whether people in an apartment in which drug paraphernalia was allegedly present may be prosecuted for criminally using drug paraphernalia in the second degree (Penal Law § 220.50 [3]). The allegations contained in the factual portion of the accusatory instrument state as follows:

"Deponent is informed by P.O. Karr, of the MNTNT, that informant recovered from the kitchen counter of an apartment being occupied by the defendants a set of scales, a strainer, a calculator and a notebook containing figures.

"Deponent further states…