People v. Velie

Order unanimously modified on the law and as modified affirmed and matter remitted to Cattaraugus County Court for further proceedings on counts one, three and four of the indictment in accordance with the following Memorandum: County Court properly dismissed the second count of the indictment charging that defendant committed criminal possession of a controlled substance in the fourth degree in violation of Penal Law § 220.09 (5). The undisputed facts in defendant’s moving papers show that defendant was served with an appearance ticket requiring him to appear before a local criminal court on…