People v. Jackson, 18 N.Y.3d 738 (2012)

A person is in a “public place” for the purposes of criminal possession of marijuana in the fifth degree (Penal Law § 221.10[1]) when they are located on a highway, even if they are inside a private vehicle.

Summary

Samuel Jackson was arrested for marijuana possession after a traffic stop. He pleaded guilty but appealed, arguing the accusatory instrument was jurisdictionally deficient because it didn’t adequately allege he was in a “public place” or that the marijuana was “open to public view,” elements of the crime. The Court of Appeals affirmed his conviction, holding that a person is in a public place when on a highway, regardless of being in a vehicle. The Court also found the allegation that the marijuana was “open to public view” was sufficiently pled. The Court reasoned that a highway is explicitly defined as a public place and that the “open to public view” element was satisfied by the officer’s observation of the defendant holding a bag of marijuana in his hand.

Facts

A police officer observed Jackson commit a traffic infraction while driving in Brooklyn. During the traffic stop, the officer smelled marijuana and saw Jackson holding a ziplock bag of marijuana in his hand. Further search revealed more bags of marijuana. Jackson was charged with criminal possession of marijuana in the fifth degree, among other offenses, and pleaded guilty to the fifth-degree possession charge.

Procedural History

Jackson appealed his conviction to the Appellate Term, arguing the accusatory instrument was jurisdictionally deficient. The Appellate Term affirmed the conviction. A Judge of the Court of Appeals granted leave to appeal.

Issue(s)

1. Whether a person is in a “public place” within the meaning of Penal Law § 221.10(1) when they are inside a vehicle on a public street (highway)?

2. Whether the allegation that the marijuana was “open to public view” was sufficiently pled in the accusatory instrument?

Holding

1. Yes, because Penal Law § 240.00(1) defines a “public place” as a place to which the public has access, including highways, and the location of the vehicle on a highway qualifies as a public place regardless of whether the individual is inside the vehicle.

2. Yes, because the accusatory instrument alleged that the officer saw the defendant holding a bag of marijuana in his hand, which supports a reasonable inference that the marijuana was unconcealed and visible to the public.

Court’s Reasoning

The Court reasoned that Penal Law § 240.00(1) defines a “public place” as “a place to which the public or a substantial group of persons has access, and includes, but is not limited to, highways.” The Court stated that the legislature made possession in a “public place” an element of criminal possession of marijuana in the fifth degree and incorporated a preexisting definition of the phrase from article 240. Jackson was on a highway, which is a location the legislature specifically designated as a public place. The fact that Jackson was in a car does not alter that he was on a highway and thus in a public place.

The Court rejected the argument that personal automobiles should be excluded from the definition of “public place.” A person driving in a personal automobile will be in a public place only when the vehicle is in a location that qualifies under the statute as a public place.

Regarding the “open to public view” element, the Court reasoned that the requirement ensures that a person carrying a small amount of concealed marijuana is not subject to misdemeanor prosecution. The Court stated that although not a model of specificity, the allegations were jurisdictionally sufficient to provide reasonable cause to believe that the marijuana was open to public view. The Court found that because the officer was standing outside the vehicle when she saw the substance in the ziplock bag, these allegations support the inference that any other member of the public could also have seen the marijuana from the same vantage point.