People v. Cicero

Judgment unanimously modified and, as modified, affirmed, in accordance with the following memorandum: On December 9,1980, officers of the City of Utica Police Department, acting pursuant to a warrant, entered and searched an apartment at 2 West Adrean Terrace. Plastic bags containing marihuana were found in a downstairs closet, in a gym bag which was located on the floor of the living room, and in an upstairs closet.

The jury found the defendant guilty of criminal possession of marihuana in the second degree (Penal Law, § 221.25) and resisting arrest (Penal Law, § 205.30). He was sentenced…