People v. Everett

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered March 23, 2011, upon a verdict convicting defendant of the crime of criminal possession of a controlled substance in the fourth degree.

In January 2010, while defendant was on parole, his parole officer conducted a home visit, accompanied by another parole officer and three police department detectives. When defendant opened the door, the officers saw smoke and smelled a strong odor of marihuana inside. After denying that he had smoked marihuana, defendant eventually admitted that he had done so and directed…