Judge John Wilson
Rivera was charged with criminal possession of a controlled substance, among other things. He sought dismissal under Criminal Procedure Law §30.30. An officer observed Rivera seated behind the steering wheel and operating a vehicle, with the keys in the ignition, the engine running, while the car was parked. The officer observed Rivera “…laughing erratically, eyes dilated, slurred speech…,” and Rivera allegedly stated “I do heroin.” An officer recovered a clear plastic pipe containing a beige powdery substance. The court noted prosecutors did not possess a laboratory report to convert the criminal possession charge, and to date, have failed to serve a laboratory analysis, ruling the statement of readiness from May 16, 2013 was ineffective. It informed prosecutors the allegations in the complaint were conclusory as they failed to enunciate any “packaging” by which the officer reasonably could ascertain the presence of a controlled substance in the plastic pipe recovered. As prosecutors failed to cure the defect in the complaint, they were charged with 96 days, exceeding the permissible speedy trial time. Thus, dismissal of the criminal possession charge only was granted, but denied as to the remaining charges.
