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PEOPLE v. DREYDEN

No. 102

15 N.Y.3d 100 (2010)

931 N.E.2d 526

905 N.Y.S.2d 542

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DREYDEN, Appellant.

Court of Appeals of New York.

Decided June 15, 2010.

Attorney(s) appearing for the Case

Legal Aid Society, Criminal Appeals Bureau, New York City ( John Schoeffel and Steven Banks of counsel), for appellant.

Charles J. Hynes , District Attorney, Brooklyn ( Terry-Ann Llewellyn , Ann Bordley and Leonard Joblove of counsel), for respondent.

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

OPINION OF THE COURT

PIGOTT, J.

On the evening of June 2, 2007, a police officer stopped a van on a street corner in Brooklyn for a traffic violation. The officer recovered a knife and a ziplock bag containing marihuana from defendant James Dreyden, who was a passenger in the vehicle. Defendant was charged in a misdemeanor complaint with unlawful possession of marihuana and criminal possession of a weapon in the fourth degree. He waived his right to prosecution...

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