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PEOPLE v. SHEPARD

50 N.Y.2d 640 (1980)

The People of the State of New York, Respondent, v. Martin Shepard, Appellant.

Court of Appeals of the State of New York.

Decided June 6, 1980.

Attorney(s) appearing for the Case

Gerald B. Lefcourt, Richard Ware Levitt, Michael Kennedy and Sheryl E. Reich for appellant.

Patrick Henry, District Attorney (Ronald E. Lipetz of counsel), for respondent.

Jay L. Himes for New York Civil Liberties Union and others, amici curiae.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER and MEYER concur in Per Curiam opinion; Judge GABRIELLI concurs in a separate opinion; Judge FUCHSBERG dissents and votes to reverse in another opinion.

Per Curiam.

The defendant, Martin Shepard, was originally charged in the Justice Court of the Town of Southampton with the crime of criminal possession of a controlled substance in the sixth degree (Penal Law, § 220.06, subd 3), a class D felony. It was alleged that he had in his possession at his home in Sagaponack, New York, nine marihuana plants. The charge was subsequently reduced to criminal possession of...

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