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People v. Kareem Butler

Interior of car parked on Manhattan street is ?public place' under Penal Law §221.10(1).

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Judge Kaplan

PEOPLE v. KAREEM BUTLER — In this case, the court is called upon to decide whether the inside of a car parked on a Manhattan street constitutes a “public place” within the meaning of Penal Law §221.10(1) where the defendant makes several trips with other individuals to the car and reaches through the window to the front passenger seat to a bag of marijuana. The court concludes that the allegations of the instant information establish a prima facie case of Criminal Possession of Marijuana in the Fifth Degree (Penal Law §221.10[1]) and that, therefore, the defendant’s motion to dismiss the information as facially insufficient is denied.

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