New York Court of Appeals
The People of the State of New York, Respondent v. Steven L. Swamp, Appellant
January 10, 199584 N.Y.2d 725
Summary
The Court held that a Grand Jury may rely on a trained customs officer’s testimony about a positive Scott‑Reagent field test to establish a prima facie case of cocaine possession, and affirmed the Appellate Division’s reinstatement of the indictment. It reasoned that such testimony constitutes competent evidence under CPL 190.65 and that a formal laboratory report is not required at the indictment stage. The Court rejected the trial court’s view that field‑test results are insufficient. Justice Smith dissented, arguing that a field test alone does not meet the legal sufficiency requirement and that the indictment should be dismissed.