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PEOPLE v. MEJICANOS

2011-1482 KCR.

40 Misc.3d 23 (2013)

969 N.Y.S.2d 715

2013 NY Slip Op 23188

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MEJICANOS, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 4, 2013.

Attorney(s) appearing for the Case

Steven Banks , Legal Aid Society, New York City ( Jonathan Garelick of counsel), for appellant. Charles J. Hynes , District Attorney, Brooklyn ( Leonard Joblove and Shulamit Rosenblum Nemec of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.

Defendant was charged, in a misdemeanor complaint, with criminal possession of marihuana in the fifth degree (Penal Law § 221.10 [1]) and unlawful possession of marihuana (Penal Law § 221.05). He waived prosecution by information and pleaded guilty to criminal possession of marihuana in the fifth...

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