OPINION OF THE COURT
JEROME J. RICHARDS, J.
Defendants were both charged with acting in concert in the alleged possession or transportation of unstamped cigarettes, contrary to Tax Law § 1814 (c) (2), a class D felony. On November 8, 2012, the court dismissed the indictment with respect to defendant Thompson, finding that the evidence showed nothing more than that he was present in the vehicle when it was stopped. The People were given leave to re-present...
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