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PEOPLE v. JACKSON

No. 58.

18 N.Y.3d 738 (2012)

967 N.E.2d 1160

944 N.Y.S.2d 715

2012 NY Slip Op 2252

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL JACKSON, Appellant.

Court of Appeals of New York.

Decided March 27, 2012.

Attorney(s) appearing for the Case

Legal Aid Society, New York City ( Jonathan Garelick , and ( Jonathan Garelick and Steven Banks, of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn ( Shulamit Rosenblum Nemec and Leonard Joblove , of counsel), for respondent.

Judges CIPARICK, READ, SMITH and PIGOTT concur with Judge GRAFFEO; Chief Judge LIPPMAN dissents and votes to reverse in a separate opinion in which Judge JONES concurs.

OPINION OF THE COURT

GRAFFEO, J.

After he was found with marihuana during a traffic stop, defendant Samuel Jackson pleaded guilty to criminal possession of marihuana in the fifth degree. On appeal, he argued that the accusatory instrument charging him with that crime was jurisdictionally deficient because it failed to adequately allege that he was in a "public place" and that the marihuana was "open to public view"—two elements of the fifth degree...

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