People v. Ortiz

In People v. Ortiz (146 Misc 2d 594 [App Term, 2d Dept 1990]), the deponent alleged in the information that he observed the defendant in possession of a quantity of heroin. On appeal from a judgment of conviction of criminal possession of a controlled substance in the seventh degree, the defendant argued that the information was jurisdictionally defective because "in possession" was conclusory rather than evidentiary.