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PEOPLE v. NEKTALOV

2019-1855 QCR.

78 Misc.3d 1 (2022)

183 N.Y.S.3d 686

2022 NY Slip Op 22409

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUAL NEKTALOV, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided December 23, 2022.

Attorney(s) appearing for the Case

New York City Legal Aid Society (Rachel L. Pecker and Lawrence Hausman of counsel) for appellant.

Melinda Katz, District Attorney (Johnnette Traill, Nancy Fitzpatrick Talcott and Emily Aguggia of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is affirmed.

Defendant was charged with criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03) and criminal possession of marihuana in the fifth degree (Penal Law § 221.10[1]). The accusatory instrument and supporting deposition together allege, among other things, that, on March 11, 2018, at 5 p.m., defendant was seated in the front...

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