People v. Cubero (Jose)

People v Cubero (2020 NY Slip Op 51187(U)) [*1] People v Cubero (Jose) 2020 NY Slip Op 51187(U) [69 Misc 3d 131(A)] Decided on October 9, 2020 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports. Decided on October 9, 2020 SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT PRESENT: Edmead, P.J., Cooper, Higgitt, JJ. 570458/19 The People of the State of New York, Respondent, against Jose Cubero, Defendant-Appellant. Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Ilana J. Marcus, J.), rendered May 29, 2019, convicting him, upon a plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposing sentence. Per Curiam. Judgment of conviction (Ilana J. Marcus, J.), rendered May 29, 2019, affirmed. The misdemeanor complaint charging criminal possession of a controlled substance in the seventh degree (see Penal Law § 220.03) was not jurisdictionally defective. Defendant's possession of synthetic cannabinoids/synthetic phenethylamine, a Schedule I controlled substance (see Penal Law § 220.00[5]; Public Health Law § 3306[g]; see also Matter of Sahairah J. (Rosemarie R.), 135 AD3d 452 [2016]), was established by allegations that the police observed defendant smoking a cigarette containing "synthetic cannabinoids/synthetic phenethylamine ('K2')" and that the officer concluded that the substance was K2 based on his professional training as a police officer in the identification of drugs, his prior experience as a police officer making drug arrests, the odor emanating from the substance, and an observation of the substance, "which is characteristic of this type of drug" (see People v Miller, 65 Misc 3d 159[A], 2019 NY Slip Op 52006[U][App Term, 1st Dept 2019], lv denied 34 NY3d 1161 [2020]; see also People v Kalin, 12 NY3d 225, 231-232 [2009]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. I concur I concur I concur Decision Date: October 9, 2020