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PEOPLE v. JASON F.

181 Misc.2d 653 (1999)

694 N.Y.S.2d 908

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JASON F., Defendant.

Justice Court of Village of Horseheads, Chemung County.

August 11, 1999.

Attorney(s) appearing for the Case

Richard W. Rich, Jr., for defendant.

Thomas F. O'Mara, District Attorney of Chemung County (Christopher Baker of counsel), for plaintiff.

OPINION OF THE COURT

DAVID M. BROCKWAY, J.

The defendant, Jason F., was charged on April 18, 1999 with unlawful possession of marihuana (UPM) in violation of section 221.05 of the Penal Law of the State of New York. In what appears to be a case of first impression in this State, the court is called upon to determine whether the mere testimony of the results of a marihuana field test and the officer's observations...

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