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PEOPLE v. BAITY

11-01544

32 Misc.3d 362 (2011)

924 N.Y.S.2d 249

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MELVIN BAITY, Defendant.

City Court of Rochester.

Decided May 11, 2011.

Attorney(s) appearing for the Case

Timothy Donaher , Public Defender ( Jean Caputo of counsel), for defendant.

Michael C. Green , District Attorney ( Matthew M. Tantillo of counsel), for plaintiff.

OPINION OF THE COURT

ELLEN M. YACKNIN, J.

Background

Defendant Melvin Baity is charged with criminal sale of marihuana in the fourth degree, a misdemeanor under Penal Law § 221.40. Specifically, the misdemeanor information accuses defendant of selling two baggies of marihuana to an undercover police officer in exchange for $20 in Rochester, New York on January 26, 2011.

Defendant contends that the accusatory instrument is...

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