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PEOPLE v. BUTLER

195 Misc.2d 228 (2003)

757 N.Y.S.2d 674

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. KAREEM BUTLER, Defendant.

Criminal Court, New York County.

February 28, 2003.

Attorney(s) appearing for the Case

New York County Defender Services, New York City (Andrea Moletteri of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Jeffrey Levinson of counsel), for plaintiff.

OPINION OF THE COURT

DEBORAH KAPLAN, J.

In this case, the court is called upon to decide whether the inside of a car parked on a Manhattan street constitutes a "public place" within the meaning of Penal Law § 221.10 (1) where the defendant makes several trips with other individuals to the car and reaches through the window to the front passenger seat to a bag of marijuana. The court concludes that the allegations...

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