The main issue in this case is whether or not the evidence is sufficient to show marijuana possession by the defendant. The defendant has been found guilty on the charge of possession of marijuana in court without a jury.
The testimony from the case shows that the defendant was observed by two police officers leaning out of a parked car in a residential area. The officers came over to the car to investigate and questioned him. The defendant supplied answers that were incoherent and confused. The physical appearance of the defendant was disheveled.
A New York Criminal Lawyer said the officer decided that the defendant was drunk and arrested him for drunkenness by drugs. The officer looked inside the driver’s side door of the car as it was left open and noticed a shoe on the floor directly behind the driver’s seat. Inside the shoe the officer saw what looked like a hand rolled cigarette. The officer looked closer and determined that it was marijuana. This finding was later confirmed by a chemical test.
The defendant testified that he had pulled over to look for a cigarette that he had dropped on the floor. He states that the car was his mother’s and that the shoe where the marijuana was found was not his. He claims that he did not have any knowledge of the marijuana in the car.
Case Discussion and Decision
In this particular case the only evidence that is provided is the fact that the defendant wasparked in a car during the predawn hours and appeared to be drunk. A Bronx Criminal Lawyer said the officers stated that his answers to questions were confused and incoherent and that is why they arrested him and charged him with drunkenness by drugs. However, the defendant was acquitted on that particular drunkenness by drugs charge.
It is reported that the defendant had any knowledge as to what was in the shoe in the backseat. For this reason, the judgment should be reversed and the sentence should be vacated. Directions should be provided to dismiss the information and the defendant should be discharged.
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