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THE PEOPLE, v. MIGUEL BANKS, def-app

13-212. THE PEOPLE, v. MIGUEL BANKS, def-app — Judgment of conviction (Seth L. Marvin, J.), rendered November 16, 2011, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

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13-212. THE PEOPLE, v. MIGUEL BANKS, def-app — Judgment of conviction (Seth L. Marvin, J.), rendered November 16, 2011, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.

By misdemeanor complaint dated November 16, 2011, defendant was charged with criminal possession of a controlled substance in the seventh degree (see Penal Law §220.03), upon allegations that he had on his person “a glass pipe containing a black, tarlike residue…believed to be crack/cocaine.” The complaint further alleged that defendant stated “[w] hy are you arresting me its just a pipe let me go.” At arraignment the same day, defendant pled guilty to the charged offense and was thereupon sentenced, as agreed, to a conditional discharge. During the brief (two-page) plea allocution, defendant responded “yes” to the court’s question “did you have possession of a crack pipe.”

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