A Manhattan judge has tossed out a drug possession charge for a man accused of holding a marijuana cigarette in public, finding that the complaint against him did not adequately describe the public place where he allegedly committed the offense.

According to Manhattan Criminal Court Judge Heidi Cesare’s decision in People v. Velez, 2015CN008005, New York City Police Officer Robert McNicholl allegedly spotted Daniel Velez holding a marijuana cigarette in a public place and in public view at West 44th Street and Tenth Avenue and saw Velez throw the cigarette to the ground.