People v. Cruz (Ruben)

The People of the State of New York, Respondent,

against

Ruben Cruz, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (Gilbert C. Hong, J.), rendered May 7, 2013. The judgment convicted defendant, after a nonjury trial, of criminal possession of marihuana in the fifth degree.

ORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.

Defendant was charged, among other things, with criminal possession of marihuana in the fifth degree (Penal Law § 221.10 [1]), and, after a nonjury trial, was found guilty…