September 9, 1987 Caesar D. Cirigliano and Beth Levy for defendant. Mario Merola, District Attorney (Frank Veith of counsel), for plaintiff. MARCY L. KAHN, J. Defendant Riley Mason was arrested on April 29, 1987 and charged with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03), criminally using drug paraphernalia in the second degree (Penal Law § 220.50), loitering in the first degree (Penal Law § 240.36), resisting arrest (Penal Law § 205.30) and disorderly