Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

People v. Edwin Mercedes

Marijuana cigar's destruction is deemed to be government obstruction and evidence tampering.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Judge Kaplan

PEOPLE v. EDWIN MERCEDES — The defendant is charged with Obstruction of Government Administration in the Second Degree (Penal Law §195.05), Attempted Tampering with Physical Evidence (Penal Law §110/215.40[2]), and Unlawful Possession of Marijuana (Penal Law §221.05). The information alleges that Police Officer Douglas Strong observed the defendant smoking a marijuana “cigar”which was burning and that the officer recognized the cigar to be marijuana by reason of his prior experience and training as an officer, the appearance of the cigar and the odor emanating from it. The information further alleges that, as the officer approached the defendant, he observed the defendant place the marijuana cigar behind his back, break it into small pieces, and throw the pieces into a patch of mulch, “thereby preventing [the officer] from lawfully recovering said marijuana ” In his omnibus motion, the defendant seeks, inter alia, an order dismissing as facially insufficient the counts charging obstruction of government administration in the second degree and attempted tampering with physical evidence.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
Go to Events Go to Webcasts
Associate

A prominent AV-rated Education Law firm seeks an associate with 5+ years experience. The role will primarily involve advice and counsel in ...


Apply Now ›
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
Plaintiff Personal Injury Attorney

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›
Go to Lawjobs