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PEOPLE v. FABIEN

Ind. No. 4579/16, Appeal No. 16089, Case No. 2018-03856.

206 A.D.3d 436 (2022)

169 N.Y.S.3d 310

2022 NY Slip Op 03695

The People of the State of New York, Respondent, v. Bernard Fabien, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 7, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), and Latham & Watkins LLP, New York (Samir Deger-Sen of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.

Concur—Gische, J.P., Webber, Singh, González, Pitt, JJ.

The court properly denied defendant's suppression motion. It is undisputed that the odor of marijuana was sufficient to support a finding of probable cause for the search under the law in effect at the time (see People v McCray, 195 A.D.3d 555, 556 [1st Dept 2021], lv denied 37 N.Y.3d 1028 [2021]).

The Marijuana Regulation and Taxation Act (MRTA), which became effective March 31, 2021—almost three years...

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