A teenager who was allegedly carrying 63 empty zip-lock bags while trespassing in a Manhattan housing project cannot be charged with second-degree criminal use of drug paraphernalia, a Criminal Court judge has ruled.

Penal Law �220.50 criminalizes the possession of “gelatin capsules, vials, capsules, or any other material suitable for the packaging of individual quantities of narcotic drugs or stimulants under circumstances evincing an intent to use [them for the] packaging or dispensing” of drugs.