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PEOPLE v. CRUZ

2013-1896 KCR.

52 Misc.3d 81 (2016)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN CRUZ, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided June 6, 2016.

Attorney(s) appearing for the Case

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

Kenneth P. Thompson , District Attorney, Brooklyn ( Leonard Joblove and Marie John-Drigo of counsel), for respondent.

SOLOMON, J.P., WESTON and ELLIOT, JJ., concur.

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, among other things, with criminal possession of marihuana in the fifth degree (Penal Law § 221.10 [1]), and, after a nonjury trial, was found guilty of that charge. Insofar as is relevant to this appeal, the information alleged that...

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