PEOPLE v. CARBONE

103311.

2011 NY Slip Op 07755

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD M. CARBONE, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided November 3, 2011.


Attorney(s) appearing for the Case

Frederick J. Neroni , Delhi, for appellant.

Richard D. Northrup, Jr. , District Attorney, Delhi ( John L. Hubbard of counsel), for respondent.

Before: Mercure, J.P., Malone Jr., Kavanagh, McCarthy and Egan Jr., JJ.


MEMORANDUM AND ORDER

EGAN, Jr., J.

As they were returning from a weekend visit to New York City, defendant and his girlfriend were pulled over for speeding in the Town of Deposit, Delaware County. Upon approaching defendant's pickup truck, a trooper detected a strong odor of marihuana. In response to questioning, defendant's girlfriend, who was driving, admitted that marihuana was present in the vehicle, and a subsequent search yielded approximately one...

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