PEOPLE v. ADAMS (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Dimitrius ADAMS, Defendant–Appellant.

570940 /14

Decided: April 13, 2018

PRESENT: Ling–Cohan, J.P., Cooper, Edmead, JJ.

Judgment of conviction (Kevin B. McGrath, J.), rendered October 1, 2014, reversed, on the law, and the accusatory instrument dismissed.

Reversal of the judgment convicting defendant of criminal possession of marijuana in the fifth degree (see Penal Law 221.10[1] ) and dismissal of that charge is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the “public place” element of the offense.

In view of the foregoing, we reach no other issue.

Per Curiam.

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