People v. Jackson

OPINION OF THE COURT

Graffeo, J.

After he was found with marihuana during a traffic stop, defendant Samuel Jackson pleaded guilty to criminal possession of marihuana in the fifth degree. On appeal, he argued that the accusatory instrument charging him with that crime was jurisdictionally deficient because it failed to adequately allege that he was in a “public place” and that the marihuana was “open to public view”—two elements of the fifth degree possession offense. Rejecting defendant’s argument, the Appellate Term affirmed defendant’s conviction (27 Misc 3d 5 [2010]) as do we.

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