PEOPLE v. ABBOTT

104515.

107 A.D.3d 1152 (2013)

967 N.Y.S.2d 227

2013 NY Slip Op 4370

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROSELYN ABBOTT, Appellant.

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

Decided June 13, 2013.


Egan Jr., J.

On the afternoon of December 6, 2009, defendant was the front-seat passenger in a vehicle operated by her son, Kevin Gervasio; also present in the vehicle was defendant's sister and Gervasio's girlfriend. The quartet, some combination of whom had been drinking beer and/or smoking marihuana, proceeded to a supermarket in the Village of Menands, Albany County — ostensibly so that defendant's sister could make a purchase. While there, defendant and...

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