17-284. THE PEOPLE OF THE STATE OF NEW YORK, res, v. LEON CASTANO, def-app — Judgment of conviction (Herbert J. Moses, J.), rendered February 22, 2017, affirmed.The accusatory instrument was not jurisdictionally defective. It charged all the elements of criminal possession of a controlled substance in the seventh degree (see Penal Law §220.03), and set forth sufficient factual allegations to show the basis for the arresting officer’s conclusion that the substance at issue was a controlled substance. The instrument recited that after defendant gave an undercover officer “two alprazolam pills” in exchange for $20, the police recovered from defendant “12 alprazolam pills from an orange bottle” on defendant’s person, and that the arresting officer knew that the drugs were alprazolam “based on [his] professional training as a police officer in the identification of drugs, [his] prior experience as a police officer making drug arrests, and an observation of the packaging, which is characteristic of this type of drug” (see People v. Smalls, 26 NY3d 1064 [2015]; People v. Kalin, 12 NY3d 225, 231-232 [2009]; People v. Pearson, 78 AD3d 445 [2010], lv denied 16 NY3d 799 [2011]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.March 14, 201816-133. THE PEOPLE OF THE STATE OF NEW YORK, res, v. ADRIAN GENTLE, def-app — Judgments of conviction (Shawn T. Kelly, J.), each rendered August 11, 2015, affirmed.Application by appellant’s counsel to withdraw as counsel is granted (see Anders v. California, 386 US 738 [1967]; People v. Saunders, 52 AD2d 833 [1976]). We are satisfied with the sufficiency of the brief filed by defendant’s assigned counsel pursuant to Anders, and, upon an independent review of the record, agree that there is no valid appealable issue that could be raised on appeal.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.March 14, 201817-038. THE PEOPLE OF THE STATE OF NEW YORK, res, v. HAROLD GONZALEZ, def-app — Judgment of conviction (Gerianne Abriano, J.), rendered July 5, 2016, affirmed.The accusatory instrument was not jurisdictionally defective. It charged all the elements of criminal possession of a controlled substance in the seventh degree (see Penal Law §220.03), and set forth sufficient factual allegations to show the basis for the arresting officer’s conclusion that the substance at issue was a controlled substance. The instrument recited that police “took one pipe containing crack/cocaine from the ground where [the officer] observed the defendant drop the pipe” and that the officer believed the substance to be crack/cocaine based upon his “professional training as a police officer in the identification of drugs, [his] prior experience as a police officer making drug arrests, and [his] observation of the packaging, which is characteristic of crack/cocaine” (see People v. Smalls, 26 NY3d 1064 [2015]; People v. Kalin, 12 NY3d 225, 231-232 [2009]; People v. Pearson, 78 AD3d 445 [2010], lv denied 16 NY3d 799 [2011]).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.March 14, 201813-231. THE PEOPLE OF THE STATE OF NEW YORK, res, v. EUGENE MIGLIO, def-app — Judgment of conviction (John Cataldo, J.H.O.) rendered, November 28, 2012, reversed on the law, accusatory instrument dismissed, fine and surcharge, if paid, remitted.Reversal of the judgment convicting defendant of trespass and dismissal of that charge is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the elements of the charged crime (see Penal Law §140.05).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.March 14, 201817-163. THE PEOPLE OF THE STATE OF NEW YORK, res, v. RAMON PICHARDO, def-app — Judgment of conviction (Julio Rodriguez, III, J.), rendered September 17, 2015, affirmed.Application by appellant’s counsel to withdraw as counsel is granted (see Anders v. California, 386 US 738 [1967]; People v. Saunders, 52 AD2d 833 [1976]). We are satisfied with the sufficiency of the brief filed by defendant’s assigned counsel pursuant to Anders, and, upon an independent review of the record, agree that there is no valid appealable issue that could be raised on appeal.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.16-521. THE PEOPLE OF THE STATE OF NEW YORK, res, v. ALEXIS RICHARDSON, def-app — Judgment of conviction (Armando Montano, J.), rendered June 3, 2016, affirmed.Application by appellant’s counsel to withdraw as counsel is granted (see Anders v. California, 386 US 738 [1967]; People v. Saunders, 52 AD2d 833 [1976]). We are satisfied with the sufficiency of the brief filed by defendant’s assigned counsel pursuant to Anders, and, upon an independent review of the record, agree that there is no valid appealable issue that could be raised on appeal.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.March 14, 201816-361. THE PEOPLE OF THE STATE OF NEW YORK, res, v. JEAN VANCOL, def-app — Judgment of conviction (Raja Rajeswari, J.), rendered October 7, 2015, affirmed.Application by appellant’s counsel to withdraw as counsel is granted (see Anders v. California, 386 US 738 [1967]; People v. Saunders, 52 AD2d 833 [1976]). We are satisfied with the sufficiency of the brief filed by defendant’s assigned counsel pursuant to Anders, and, upon an independent review of the record, agree that there is no valid appealable issue that could be raised on appeal.THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.March 14, 2018
