People v. Moore
Criminal Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Robert M. Stolz, J.
Defendant, John Moore, is charged with criminal sale of marihuana in the fourth degree (Penal Law § 221.40) and unlawful possession of marihuana (Penal Law § 221.05). He now moves to dismiss the information in the interest of justice pursuant to CPL 170.40.1
According to the affidavits of defendant and his counsel, defendant is the founder of one of several "Medical Marijuana Buyer’s Clubs” that exist throughout the country. These clubs, in admitted contravention of law, distribute marihuana to those for whom it is medically "necessary”. Defendant is not…
2Cases cited18 opinions
- People v. OnofreNew York Court of Appeals · 1980
- People v. InsignaresAppellate Division of the Supreme Court of the State of New York · 1985
- People v. HudsonAppellate Division of the Supreme Court of the State of New York · 1995
- People v. SchlesselAppellate Division of the Supreme Court of the State of New York · 1984
- People v. SternCriminal Court of the City of New York · 1975
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3Cited by2 opinions
- Piper v. International Business Machines Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- People v. DodardCriminal Court of the City of New York · 1998