PEOPLE v. FOFANA (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Sidy FOFANA, Defendant–Appellant.

571082 /15

Decided: February 16, 2018

PRESENT: Shulman, P.J., Gonzalez, Cooper, JJ.

Judgment of conviction (Laurie Peterson, J.) rendered, October 15, 2015, affirmed.

The accusatory instrument charging criminal possession of marijuana in the fifth degree (see Penal Law § 221.10[1]) was not jurisdictionally defective. The deponent police officer's allegations that he observed the defendant “inside Tompkins Square Park, near the north west corner of Avenue B and East 8th Street,” “holding one cigarette containing marijuana,” and that the officer “took the cigarette ․ from on top of a fence where [he] observed the defendant place it,” were sufficient for pleading purposes to establish the public place element of the charged offense (see Penal Law § 240.00; People v. Afilal, 26 NY3d 1050, 1052 [2015] ) and that the marijuana was “open to public view” (Penal Law § 221.10; see People v. Jackson, 18 NY3d 738 [2012]; Matter of Kawon W., 127 AD3d 668 [2015] ).

We perceive no basis for reducing the fine. Although defendant claims that he is indigent, he never sought relief from the fine by way of a CPL 420.10(5) motion for resentencing (see People v. Toledo, 101 AD3d 571 [2012], lv denied 21 NY3d 947 [2013] ).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network