Legal Opinion

People v. Stone

Appellate Division of the Supreme Court of the State of New York

Decided April 4, 2013Published

1Opinion of the CourtSpain, J.

Appeal from a judgment of the County Court of Schoharie County (Bartlett III, J.), rendered July 20, 2011, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a weapon in the second degree.

Following a traffic stop of defendant’s vehicle, a State Trooper detected the odor of marihuana and defendant admitted to having a marihuana pipe in the vehicle. A subsequent search of the vehicle revealed a quantity of marihuana in the center console and, in the trunk, a bag containing a machine gun. Indicted on one count each of criminal possession of a weapon in…

2Cases cited7 opinions

  1. People v. BradshawNew York Court of Appeals · 2011
  2. People v. KempNew York Court of Appeals · 1999
  3. People v. MoissettNew York Court of Appeals · 1990
  4. People v. MunizNew York Court of Appeals · 1998
  5. People v. SpruillAppellate Division of the Supreme Court of the State of New York · 2011

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