Judge Eugene M. Guarino

Prosecutors moved to reargue and reverse a prior decision that the accusatory instrument charging Hood with criminal possession of marijuana should be dismissed. A search warrant was executed and upon entering the premises Hood was observed inside the dispatcher's office where 33 plastic zips of marijuana were recovered under the dispatcher's desk inside the office. Prosecutors argued the court misapplied the law in holding that the statement the “aggregate weight of the marijuana recovered exceed [sic] twenty-five grams” was conclusory arguing that determining the weight of something fell within the realm of ordinary common experience. The court disagreed with such bare assertion that any lay individual could determine the weight of any particular item—here, a purportedly illegal substance of marijuana. It stated it was unwilling to speculate that an average person would be able to determine the weight of marijuana in grams. The court ruled determining the weight of illicit substances was a specialized skill an officer exercised, and not one a lay individual would know. Also, no supporting document was filed providing facts to find the marijuana recovered exceeded 25 grams, and without more, the allegation was conclusory. Prosecutors' motion was denied.

Judge Eugene M. Guarino