Chief Judge Lippman (dissenting). Thirty-five years ago, recognizing the dangers to society and individuals inherent in overcriminalization, the Legislature amended the Penal Law to lessen the burden on an already overtaxed justice system by decriminalizing private possession of small amounts of marihuana. The majority’s conclusion that a private car on a highway is a “public place” under Penal Law § 240.00 (1) an…
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