People v. McGriff

In People v. McGriff, 139 Misc 2d 361, 526 NYS2d 712 (Crim.Ct. NY Co. 1988), in dismissing the complaint on speedy trial grounds, due to the People's failure to timely submit a laboratory report confirming the substance in question to be marijuana, the court recognized that "[t]he law is clear that in a narcotics case, the conversion of an otherwise nonhearsay complaint into an information occurs upon the filing of a laboratory report confirming the presence of the narcotic drug." (People v. McGriff, id. at 363, 526 NYS2d 712, 714.) The court also noted that "this is not to say that a sale case can never be made circumstantially without physical evidence." (People v. McGriff, id. at 365, 526 NYS2d 712, 715.)