misdemeanor offense when the drug is being smoked or "opento public view. Possession of less than 25 grams of marijuanaout of public view - for example, inside an individual's pocket orbackpack - is a violation, warranting only a ticket.” As a result of earlier complaints to Police CommissionerRay Kelly that cops were turning violations into misdemeanors,the Commissioner issued an order, according to The Times of June 23rd, “Nine months ago, Police Commissioner Raymond W.Kelly issued a memorandum directing police officers not tomake misdemeanor arrests for possession of small quantities of marijuana discovered when suspects are ordered to empty theirpockets in stop, question and frisk encounters. But policeofficers have continued to charge New Yorkers withmisdemeanor crimes - rather than issuing them tickets forviolations - for possession of small amounts of marijuanadespite Mr. Kelly's directive, according to a lawsuit filed onFriday by the Legal Aid Society.” As a result of the earlier Times article reporting thesearrests, as well as a Times editorial and the protests of citizens,an effort was made by the governor of the state of New York,Andrew Cuomo, to reach an agreement which had the supportof the five district attorneys of New York City to get the stateAssembly and Senate to change the law to allow the publiccarrying of small amounts of marijuana for personal use subjectto a violation and a fine of $100.The response of the Assembly led by Speaker SheldonSilver was to pass the legislation. The response of the MajorityLeader of the Senate, Dean Skelos, Republican, was to first say,as reported in The Times of June 6th, “I think we can work onthat…That is wrong. It should be a violation. You’re followingthe policeman’s order.” But then he refused to support theGovernor’s bill passed by the Assembly.