People v. Ifill

OPINION OF THE COURT

Memorandum.

Ordered that the orders are reversed, on the law, defendant’s motions to suppress physical evidence and to dismiss the accusatory instrument are denied, the accusatory instrument is reinstated, and the matter is remitted to the Criminal Court for all further proceedings.

The People charged defendant with criminal possession of marihuana in the fifth degree (Penal Law § 221.10 [1]) and unlawful possession of marihuana (Penal Law § 221.05) based on the arresting officer’s observation that defendant possessed a marihuana “cigar,” which defendant “lit” in a public…