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PEOPLE v. LEYVA

19 Misc.3d 498 (2008)

856 N.Y.S.2d 452

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JUAN LEYVA, Defendant.

Criminal Court of the City of New York, New York County.

February 27, 2008.

Attorney(s) appearing for the Case

Donald H. Vogelman, New York City, for defendant.

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

OPINION OF THE COURT

ELISA S. KOENDERMAN, J.

The defendant, Juan Leyva, is charged with one count of criminal sale of marijuana (Penal Law § 221.40) and one count of unlawful possession of marijuana (Penal Law § 221.05). Defendant moves to dismiss the count charging him with sale of marijuana as facially insufficient, and for other procedural relief. The issue before the court is whether a police...

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