Ordered that the judgment is modified, on the law and the facts, by reversing the conviction of criminal possession of marihuana in the fifth degree, vacating the sentence imposed thereon and dismissing that count of the indictment; as so modified, the judgment is affirmed and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
The testimony elicited at trial revealed that, upon the execution of a search warrant...
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