Holding that the Appellate Division committed reversible error when it "avoid[ed] its exclusive statutory authority to review the weight of the evidence in criminal cases"
2009 N.Y. Slip Op. 2446 (N.Y. 2009) Cited 688 times
In Kalin, 12 N.Y.3d 225, 878 N.Y.S.2d 653, 906 N.E.2d 381, the Court of Appeals examined an information which had charged the defendant with, among other things, criminal possession of a controlled substance in the seventh degree for the possession of nine plastic bags of heroin.
Noting lack of allegation that police officer was an expert in identifying marijuana or that defendant represented it as such, to support charge that defendant sold marijuana
In Matter of Jahron S. (79 N.Y.2d 632), we construed the foregoing provisions as requiring that the petition and supporting depositions, to be legally sufficient, must contain non-hearsay allegations establishing a prima facie case of delinquency (id., at 639).