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PEOPLE v. JOHNSON

2015NY022318

51 Misc.3d 801 (2016)

26 N.Y.S.3d 449

2016 NY Slip Op 26057

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. THOMAS JOHNSON, Defendant.

Criminal Court of the City of New York, New York County.

Decided March 2, 2016.

Attorney(s) appearing for the Case

The Legal Aid Society (Japheth Baker of counsel) for defendant.

Cyrus R. Vance, Jr., District Attorney, for plaintiff.

OPINION OF THE COURT

Defendant, charged with criminal possession of marijuana in the fifth degree, Penal Law § 221.10 (1), moved to dismiss for facial insufficiency. On October 28, 2015, the court denied the motion, holding that the accusatory instrument sufficiently alleged the "public place" element of Penal...

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