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PEOPLE v. HOFFSTEAD

2007-943 W CR.

28 Misc.3d 16 (2010)

905 N.Y.S.2d 736

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ERIC HOFFSTEAD, Respondent.

Supreme Court, Appellate Term, Second Department.

Decided June 10, 2010.

Attorney(s) appearing for the Case

Janet DiFiore , District Attorney, White Plains ( Steven A. Bender , Richard Longworth Hecht and Anthony J. Servino of counsel), for appellant.

Carl D. Birman , Mamaroneck, for respondent.

NICOLAI, P.J., TANENBAUM and MOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the order is affirmed.

Defendant was arrested for loitering for the purpose of begging (Penal Law § 240.35 [1]), and a search incident to the arrest yielded a pipe with a residue of a controlled substance. He was charged in a single information with both loitering for the purpose of begging and criminal possession of a controlled substance in the...

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