The People v. Abdelouahad Afilal

OPINION OF THE COURT

Memorandum.

The order of the Appellate Term should be reversed and the accusatory instrument dismissed. Defendant was charged with and pleaded guilty to criminal possession of marihuana in the fifth degree (Penal Law § 221.10 [1]). On appeal he challenges the sufficiency of the accusatory instrument, claiming that it fails to allege sufficient facts to establish the “public place” element of section 221.10 (1).

A person is guilty of criminal possession of marihuana in the fifth degree “when [such person] knowingly and unlawfully possesses . . . marihuana in a public place .…