Defendant, a legal permanent resident alien, was arrested on the Thruway at about 6:45 A.M. on April 22, 1983 after he fell asleep at the wheel and his car overturned. He was charged with criminal possession of marihuana in the first degree as the result of more than 10 pounds of the substance (actually 25 pounds) being found in the trunk of his automobile. Not mentioned in the indictment was a loaded...
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