People v. Johnson

OPINION OF THE COURT

Steven M. Statsinger, J.

Defendant, charged with criminal possession of marijuana in the fifth degree, Penal Law § 221.10 (1), moved to dismiss for facial insufficiency. On October 28, 2015, the court denied the motion, holding that the accusatory instrument sufficiently alleged the “public place” element of Penal Law § 221.10 (1). (People v Johnson, 49 Misc 3d 1210[A], 2015 NY Slip Op 51551[U] [Crim Ct, NY County 2015].)

On January 20, 2016, defendant moved for leave to reargue, citing a recent decision of the New York Court of Appeals, People v Afilal (26 NY3d 1050…