A person is guilty of criminal possession of marihuana in the fifth
degree when he knowingly and unlawfully possesses:
1. marihuana in a public place, as defined in section 240.00 of this
chapter, and such marihuana is burning or open to public view
Just having it in view makes the charge legit,maybe it can be throw out . If not an acd will dismiss and seal the case after 6 months or a year if u stay out of trouble. If not then a reduction like I mentioned before would be a good outcome.

