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PEOPLE v. HERNANDEZ

190 Misc.2d 210 (2002)

738 N.Y.S.2d 533

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RUBEN HERNANDEZ, Defendant.

Criminal Court, New York County.

January 24, 2002.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Michele Maxian and Leonardo Pytel of counsel), for defendant.

Robert M. Morgenthau, District Attorney of New York County, New York City (Michelle Warren of counsel), for plaintiff.

OPINION OF THE COURT

GERALD HARRIS, J.

Defendant Ruben Hernandez (Hernandez) is charged with one count of Penal Law § 221.10 (1), criminal possession of marijuana in the fifth degree.

The complaint alleges that the defendant was observed by the arresting officer holding a plastic bag containing several smaller bags of marijuana open to public view. The complaint further alleges that the officer...

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