Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
According to the People's witnesses, on December 10, 2003, at about 10:00 P.M., Detective James Donoghue and Sergeant James Knoebel observed the defendant and another man smoking a marijuana cigarette in the hallway of an apartment building in...
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