People v. Butler

OPINION OF THE COURT

Deborah Kaplan, J.

In this case, the court is called upon to decide whether the inside of a car parked on a Manhattan street constitutes a “public place” within the meaning of Penal Law § 221.10 (1) where the defendant makes several trips with other individu*229ais to the car and reaches through the window to the front passenger seat to a bag of marijuana. The court concludes that the allegations of the instant information establish a prima facie case of criminal possession of marijuana in the fifth degree (Penal Law § 221.10 [1]) and that, therefore, the defendant’s motion to…