New York Court of Appeals
The People of the State of New York, Respondent v. Christopher Allen, Appellants
October 22, 199892 N.Y.2d 378
Summary
The Court held that the defendants' attempted purchases were necessarily incidental to a criminal marijuana sale, so the solicitation exemption under Penal Law § 100.20 applies and the solicitation charges must be dismissed; it also affirmed that the accusatory instruments were sufficiently pleaded. Justice Bellacosa concurred in the result but on a narrower basis, warning that a broader reading of the exemption would conflict with the Legislature's intent under the Marihuana Reform Act.