An appellate court has reversed a drug possession conviction in a case that began when a detective standing in a Brooklyn courthouse spied marijuana plants in the backyard of an adjacent home.
A panel of Appellate Division, Second Department, said Michelle Velez’s attorney provided her with ineffective assistance of counsel, not due to the marijuana charges brought against her for the plants on her property, but because her attorney failed to challenge the use as evidence of cocaine that authorities discovered in a backyard shed while searching her property.
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