People v. Kenny

In People v. Kenny (30 N.Y.2d 154 [1972]), the Court of Appeals reversed a conviction for selling marijuana when the only proof concerning the marijuana was the testimony of a lay witness of 19 years of age who opined that the substance was marijuana based upon his limited experimentation with the drug. In reversing the conviction the Court of Appeals indicated that a conviction and prison sentence should not be based "solely on a young person's two or three isolated experiences with what he thinks is 'pot' " (at 157). It is important to note that in the Kenny case the standard of review was beyond a reasonable doubt after conviction (CPL 70.20), and although the lay opinion was not sufficient to sustain a conviction beyond a reasonable doubt, it did not preclude the People from proceeding to trial.