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THE PEOPLE, res, v. ROBERT JACKSON, def-app

15-237. THE PEOPLE, res, v. ROBERT JACKSON, def-app — Judgments of conviction (William L. McGuire, Jr., J.), rendered December 10, 2014, affirmed.

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15-237. THE PEOPLE, res, v. ROBERT JACKSON, def-app — Judgments of conviction (William L. McGuire, Jr., J.), rendered December 10, 2014, affirmed.

In view of the defendant’s knowing waiver of his right to prosecution by information, the accusatory instrument is assessed under the standard applicable to a misdemeanor complaint (see People v. Dumay, 23 NY3d 518, 521 [2014]). So viewed, the accusatory instrument under docket number 2014BX01499 was jurisdictionally valid because it described facts of an evidentiary nature establishing reasonable cause to believe that defendant was guilty of criminal possession of a controlled substance in the seventh degree (see Penal Law §220.03). The arresting officer sufficiently “supplied the basis” for his belief that the substance at issue was a controlled substance (People v. Smalls, 26 NY3d 1064, 1067 [2015], quoting People v. Kalin, 12 NY3d 225, 231-232 [2009]) by alleging that he observed a “tan powdery substance” which, based on his training and experience, “includ[ing] training in the recognition of controlled substances, and their packaging,” he concluded to be heroin (see People v. Smalls, supra; People v. Kalin, supra; People v. Pearson, 78 AD3d 445 [2010], lv denied 16 NY3d 799 [2011]; People v. Stutley, 50 Misc 3d 135[A], 2016 NY Slip Op 50055[U] [App Term, 1st Dept 2016] lv denied 27 NY3d 1007 [2016]; cf. People v. Dumas, 68 NY2d 729 [1986]).

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