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PEOPLE v. AUGUSTIN

2021-00923. Ind. No. 327/18.

208 A.D.3d 677 (2022)

171 N.Y.S.3d 905

2022 NY Slip Op 04972

The People of the State of New York, Respondent, v. Bradley Augustin, Appellant.

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

Decided August 17, 2022.

Attorney(s) appearing for the Case

Larkin, Ingrassia, LLP, Newburgh, NY (John Ingrassia of counsel), for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.

Brathwaite Nelson, J.P., Rivera, Chambers and Zayas, JJ., concur.

Ordered that the appeal from so much of the judgment as convicted the defendant of unlawful possession of marihuana is dismissed as academic; and it is further,

Ordered that the judgment is affirmed insofar as reviewed.

The defendant's conviction of unlawful possession of marihuana "`became a nullity by operation of law, independently of any appeal, and without requiring any action by this [c]ourt,'" pursuant to CPL 160.50(5) (as added by L 2019, ch 131 [eff...

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