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PEOPLE v. GABBIDON

40 A.D.3d 776 (2007)

836 N.Y.S.2d 221

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GAUNTLETT GABBIDON, JR., Respondent.

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

Decided May 8, 2007.

Ordered that the order is affirmed.

On July 17, 2005 the defendant was a passenger in a van which was stopped by a state trooper for speeding. The trooper smelled a strong odor of marihuana, and a subsequent search by him of the van revealed plastic bags containing marihuana concealed throughout the van.

On March 24, 2006 an indictment was filed charging the defendant with criminal possession of marihuana in the...

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