Appellate Terms of the Supreme Court of New York, 1971

People v. Smith

Appellate Terms of the Supreme Court of New York · Decided January 4, 1971

66 Misc. 2d 204; 320 N.Y.S.2d 486; 1971 N.Y. Misc. LEXIS 1960

Counsel

Milton Adler and Janice L. Burnett for appellant. Eugene Gold, District Attorney (Harry Brodbar and Raymond J. Scanlan of counsel), for respondent.

Opinion of the Court

Per Curiam.

The People failed to establish that defendant was in criminal possession of a “ dangerous drug ’ ’ in violation of section 220.05 of the Penal Law. The drug, librium, was not defined as a “ dangerous drug ” at the time of defendant’s arrest (see, also, Penal Law, § 220.00; Public Health Law, art. 33-A; 10 NYCRR 81.46, effective May, 1968, repealed December, 1969).

The judgment of conviction should be unanimously reversed on the law and facts and complaint dismissed.

Concur — Croat, P. J., Schwartzwald and Rinaldi, JJ.

Judgment reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.