People v. Justesen

OPINION OF THE COURT

Memorandum.

Ordered that the judgment of conviction is modified, on the law, by vacating the conviction of unlawful possession of marihuana and by dismissing that count of the accusatory instrument, and the fine and surcharge imposed thereon, if paid, are remitted; as so modified, the judgment of conviction is affirmed.

The People charged defendant with trespassing on posted property, in that he drove his automobile on a private road that had been posted (ECL 11-2113), and possession of marihuana (Penal Law § 221.05). After a nonjury trial, the Justice Court convicted…