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PEOPLE v. GRANT

2013-1999 K CR.

63 Misc.3d 15 (2019)

93 N.Y.S.3d 796

2019 NY Slip Op 29047

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK-LAND GRANT, Appellant.

Supreme Court, Appellate Term, Second Department.

Decided February 22, 2019.

Attorney(s) appearing for the Case

Appellate Advocates ( Joshua M. Levine of counsel) for appellant.

Eric Gonzalez , District Attorney ( Leonard Joblove , Rhea A. Grob and Kristen A. Carroll of counsel), for respondent.

OPINION OF THE COURT

MEMORANDUM.

Ordered that the judgment, insofar as appealed from, convicting defendant of unlawful possession of marihuana is reversed, on the law, that count of the accusatory instrument is dismissed, and the matter is remitted to the Criminal Court for resentencing in accordance with this decision and order.

Defendant was charged with criminal possession of marihuana in the fifth degree (Penal Law § 221.10 [1]) and unlawful...

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