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PEOPLE v. WILLIAMS

301 A.D.2d 794 (2003)

754 N.Y.S.2d 401

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK C. WILLIAMS, Appellant.

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

Decided January 16, 2003.

Peters, J.

In the evening hours of October 20, 1999, Officer Michael Barthel of the City of Kingston Police Department stopped a vehicle driven by Cheryl Scarth, in which defendant was a passenger, for vehicle and traffic violations. Upon his approach to the vehicle, Barthel smelled a strong odor of marihuana and, in response to his query concerning the marihuana, defendant admitted that he had been smoking but that it...

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