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PEOPLE v. FINLEY

10 N.Y.3d 647 (2008)

891 N.E.2d 1165

862 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT FINLEY, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KYLE SALTERS, Appellant.

Court of Appeals of the State of New York.

Decided June 10, 2008.

Attorney(s) appearing for the Case

Timothy Patrick Murphy, Williamsville, for appellant in the first above-entitled action.

Joseph V. Cardone, District Attorney, Albion, for respondent in the first above-entitled action.

New York State Defenders Association, Albany (Alfred O'Connor of counsel), for appellant in the second above-entitled action.

Glenn MacNeill, Assistant District Attorney, Malone, for respondent in the second above-entitled action.

Chief Judge KAYE and Judges READ, SMITH and JONES concur with Judge CIPARICK; Judge PIGOTT dissents and votes to reverse and order a new trial in a separate opinion in which Judge GRAFFEO concurs.

OPINION OF THE COURT

CIPARICK, J.

The issue in each of these appeals by defendants, inmates in New York State detention facilities, is whether small amounts of marihuana were "dangerous contraband" under Penal Law § 205.00 (4) and § 205.25 (2). We conclude that they were not.

I.

People v Salters

On March 31, 2004, the grand jury of Franklin County issued a...

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