Ordered that the judgment is affirmed.
The vehicle in which the defendant was a passenger was lawfully stopped by the police for a traffic infraction. The driver was subsequently arrested for driving while intoxicated and placed in the officers' patrol car. The defendant, who did not have a driver's license, waited for a cab to pick him up. The driver asked for her cigarettes and the defendant took an open pack from the vehicle and handed it to the officers. One of...
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