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PEOPLE v. MERCEDES

194 Misc.2d 731 (2003)

756 N.Y.S.2d 735

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. EDWIN MERCEDES, Defendant.

Criminal Court, New York County.

February 12, 2003.

Attorney(s) appearing for the Case

Abraham B. Strassfeld, Brooklyn, for defendant.

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

OPINION OF THE COURT

DEBORAH KAPLAN, J.

The defendant is charged with obstruction of governmental administration in the second degree (Penal Law § 195.05), attempted tampering with physical evidence (Penal Law §§ 110.00, 215.40 [2]), and unlawful possession of marijuana (Penal Law § 221.05). The information alleges that Police Officer Douglas Strong observed the defendant smoking a marijuana "cigar" which was burning and that the officer...

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