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People v. Edwin Mercedes

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

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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.

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