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People v. Jenkins

Unlawful Marijuana Possession Conviction Should Have Been Vacated, Count Dismissed

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DECISION & ORDER

*1  Appeal from a judgment of the Criminal Court of the City of New York, Kings County (George A. Grasso, J.), rendered February 19, 2014. The judgment convicted defendant, after a nonjury trial, of unlawful possession of marihuana and failing to stop at a steady red traffic control signal. The appeal from the judgment of conviction brings up for review so much of an order of that court (Matthew A. Sciarrino, Jr., J.), dated October 21, 2013, as denied the branches of defendant’s motion seeking dismissal of the accusatory instrument on the grounds that his statutory and constitutional rights to a speedy trial had been violated.PER CURIAMORDERED that the judgment of conviction is modified, on the law, by vacating the conviction of unlawful possession of marihuana and dismissing that count of the accusatory instrument; as so modified, the judgment of conviction is affirmed.On January 30, 2013, defendant was arraigned on an accusatory instrument which charged him, insofar as is relevant to this appeal, with unlawful possession of marihuana (Penal Law §221.05) and failing to stop at a steady red traffic control signal (Vehicle and Traffic Law §1111 [d] [1]). Defendant subsequently moved to dismiss the accusatory instrument on the grounds, among others, that his statutory and constitutional rights to a speedy trial had been violated. By order dated October 21, 2013, the Criminal Court (Matthew A. Sciarrino, Jr., J.) denied the branch of defendant’s motion seeking dismissal on statutory speedy trial grounds, finding, among other things, that for the time period of January 30, 2013 to October 21, 2013, only 18 days of delay, all prior to September 17, 2013, were

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