Court of Appeals of New York

A conviction for criminal possession of marihuana in the fifth degree is affirmed, the court rejecting arguments that the accusatory instrument was deficient because it failed to adequately allege that the defendant, seen in possession of marihuana while in his vehicle on a public street, was in a "public place" within the meaning of Penal Law section 240.00(1), and that its allegations that the marihuana was "open to public view" were too conclusory to establish a prima facie case.

Appellate Information

• Decided 03/27/2012
• Published 03/27/2012

Judges

• Graffeo

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Jonathan Garelick, Shulamit Rosenblum Nemec