PEOPLE v. AFILAL

No. 170

26 N.Y.3d 1050 (2015)

43 N.E.3d 762

22 N.Y.S.3d 405

2015 NY Slip Op 08616

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABDELOUAHAD AFILAL, Appellant.

Court of Appeals of New York.

Decided November 24, 2015.


Attorney(s) appearing for the Case

Seymour W. James, Jr. , The Legal Aid Society, New York City (Seth Steed of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Alan Gadlin and Hilary Hassler of counsel), for respondent.

Chief Judge LIPPMAN and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and FAHEY concur.


OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Term should be reversed and the accusatory instrument dismissed. Defendant was charged with and pleaded guilty to criminal possession of marihuana in the fifth degree (Penal Law § 221.10 [1]). On appeal he challenges the sufficiency of the accusatory instrument, claiming that it fails to allege sufficient facts to establish the "public place" element of section 221.10 (1).

A person...

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