People v. Smalls

In People v. Smalls, 26 N.Y.3d 1064, 23 N.Y.S.3d 134, 2015 NY Slip Op 09188 (Dec 15, 2015) the defendant was charged with possession of a controlled substance that was in the form of burnt residue in a glass pipe. (Smalls, 2015 NY Slip Op 09188 at 3). In finding the information legally sufficient without a laboratory report, the Court of Appeals expressly held: "Here, as in Kalin, the information was facially sufficient because it contained adequate allegations that the officer had the requisite training and experience to recognize the substance in defendant's possession as a controlled substance and that the officer reached his conclusion about the nature of the substance based on its appearance and placement within a favored apparatus of drug users, a glass pipe." (Id.)