PEOPLE v. McQUALITY

103892.

95 A.D.3d 1369 (2012)

943 N.Y.S.2d 305

2012 NY Slip Op 3480

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW C. McQUALITY, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided May 3, 2012.


PETERS, P.J.

Defendant was convicted of criminal possession of a weapon in the fourth degree and sentenced to three years of probation. As a condition of his probation, he was required "to abstain from the purchase, use or possession of alcoholic beverages, marihuana, controlled substances or illegal drug[s]." Soon thereafter, defendant provided his probation officer with a urine sample that tested positive for marihuana, and he executed a

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