Opinion
10-07-2016
The PEOPLE of the State of New York, Respondent, v. Jesse L. LEUBNER, Defendant–Appellant. (Appeal. No. 2.).
Phil Modrzynski, Buffalo, for defendant-appellant. Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for respondent.
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, A.J.)rendered August 25, 2015. The judgment convicted defendant, after a nonjury trial, of criminal possession of marihuana in the second degree and growing of the plant known as Cannabis by unlicensed persons.
Phil Modrzynski, Buffalo, for defendant-appellant.
Jon E. Budelmann, District Attorney, Auburn (Christopher T. Valdina of Counsel), for respondent.
Same memorandum as in People v. Leubner (Appeal No. 1), 143 A.D.3d 1244, 38 N.Y.S.3d 672, 2016 WL 5857439 (Oct. 7, 2016).
It is hereby ORDERED that the judgment so appealed from is unanimously reversed on the law, the motion is granted, the indictment is dismissed, and the matter is remitted to Cayuga County Court for proceedings pursuant to CPL 470.45.
WHALEN, P.J., CARNI, LINDLEY, DeJOSEPH, and NEMOYER, JJ., concur.