PEOPLE v. SMITH


187 A.D.2d 371 (1992)

The People of the State of New York, Respondent, v. Darryl Smith, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 19, 1992


Defendant was a passenger in a livery cab that had been stopped for running a red light. As two officers approached, one of them observed a clear glassine ziplock bag, which, from his training, he believed contained marijuana, being tossed from the rear driver's side of the cab where a passenger, not defendant, was seated. The officer also smelled the odor of marijuana coming from the back seat. The officer on the other side of the taxicab observed defendant in the right...

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