PEOPLE v. MUSTO

105008.

106 A.D.3d 1380 (2013)

966 N.Y.S.2d 263

2013 NY Slip Op 3880

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MUSTO, Appellant.

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

Decided May 30, 2013.


McCarthy, J.

Defendant was charged with criminal possession of a controlled substance in the fifth degree, criminal possession of marihuana in the second degree and growing of the plant known as cannabis by unlicensed persons after police discovered approximately nine pounds of marihuana either growing or drying in his apartment. Defendant moved to suppress the marihuana and his statements to police. County Court denied the motion. Following a trial, a jury found...

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