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)
- Written by Patrick Speice, JD
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.)
What to do next…
Here's why 826,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 991 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
