PEOPLE v. MALASQUEZ SANCHEZ (2019)

Supreme Court, Appellate Term, New York.

The PEOPLE of the State of New York, Respondent, v. Rene A. MALASQUEZ SANCHEZ, Appellant.

2019-176 W CR

Decided: March 21, 2019

PRESENT: BRUCE E. TOLBERT, J.P., JERRY GARGUILO, ELIZABETH H. EMERSON, JJ.

The Legal Aid Society of Westchester County (David B. Weisfuse of counsel), for appellant. Westchester County District Attorney (Christine DiSalvo and Steven A. Bender of counsel), for respondent.

ORDERED that the judgment of conviction is reversed, on the law, the accusatory instrument is dismissed, and the fine, if paid, is remitted.

Defendant was charged in an accusatory instrument with unlawful possession of marihuana (Penal Law § 221.05) and, on February 17, 2017, he pleaded guilty to the charge and was sentenced to pay a fine in the amount of $ 200.

For the reasons stated in People v. Malasquez Sanchez (––– Misc 3d ––––, 2019 NY Slip Op. –––– [appeal No. 2017-2047 W CR], decided herewith), the judgment of conviction is reversed and the accusatory instrument is dismissed.

TOLBERT, J.P., GARGUILO and EMERSON, JJ., concur.

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