People of State of New York v. Gabbidon

Appeal by the People from an order of the County Court, Dutchess County (Hayes, J.), dated June 7, 2006, which granted the defendant’s motion to dismiss the indictment on the ground that the People improperly charged the grand jury with the statutory presumption language in Penal Law § 220.25 (1).

Ordered that the order is affirmed.

On July 17, 2005 the defendant was a passenger in a van which was stopped by a state trooper for speeding. The trooper smelled a strong odor of marihuana, and a subsequent search by him of the van revealed plastic bags containing marihuana concealed throughout the…