Opinion
570580/17
06-15-2018
The PEOPLE of the State of New York, Respondent, v. Stanley MONTES, Defendant–Appellant.
Per Curiam.
Judgment of conviction (Josh E. Hanshaft, J.), rendered July 26, 2017, reversed, on the law, accusatory instrument dismissed, and surcharge, if paid, remitted.
Reversal of the judgment convicting defendant of criminal possession of marijuana in the fifth degree (see Penal Law § 221.10[1] ) and dismissal of that charge is mandated since, as the People concede, the allegations in the accusatory instrument were jurisdictionally insufficient to meet the "public place" element of the offense.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.