New York v. Jackson

967 N.E.2d 1160, 18 N.Y.3d 738, 944 N.Y.S.2d 715 (2012)

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New York v. Jackson

New York Court of Appeals
967 N.E.2d 1160, 18 N.Y.3d 738, 944 N.Y.S.2d 715 (2012)

Facts

Samuel Jackson (defendant) was pulled over for a routine traffic violation. When the police officer approached Jackson’s car, the officer smelled marijuana and saw Jackson in the driver’s seat holding a bag of marijuana. A subsequent search of Jackson’s car found several other bags of marijuana. Jackson was charged with various crimes, including fifth-degree possession of marijuana (public possession), which prohibits possession of marijuana in a public place when the marijuana is either burning or in public view. Jackson pleaded guilty to public possession to resolve all of the charges but subsequently challenged the original public-possession charge. Jackson argued that his car was not a public place and that, even if it were, the state failed to sufficiently allege that the marijuana in Jackson’s hand was in public view. Jackson’s arguments were rejected, and Jackson appealed.

Rule of Law

Issue

Holding and Reasoning (Graffeo, J.)

Dissent (Lippman, C.J.)

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