People v. Smith
| Decision Date | 04 January 1971 |
| Citation | 66 Misc.2d 204,320 N.Y.S.2d 486 |
| Parties | PEOPLE v. SMITH. |
| Court | New York Supreme Court — Appellate Term |
Milton Adler, Janice L. Burnett, New York City, Legal Aid, for appellant.
Eugene Gold, Dist. Atty., Kings County, Raymond J. Scanlan, Brooklyn, for respondent.
Before GROAT, P.J., and SCHWARTZWALD and RINALDI, JJ.
MEMORANDUM BY THE COURT.
Judgment of conviction unanimously reversed on the law and facts and complaint dismissed.
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arrest (see, also, Penal Law § 220.00; Public Health Law, Article 33--A; 10(A) NYCRR 81.46, effective May 1968, repealed December 1969).
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White v. State, 2--673A142
...394 U.S. 911, 89 S.Ct. 1026, 22 L.Ed.2d 223; See also, People v. Donnelly (1916), 173 App.Div. 713, 159 N.Y.S. 690; People v. Smith (1971), 66 Misc.2d 204, 320 N.Y.S.2d 486. In view of the testimony given that the drug possessed by White, Methadone, was a 'synthetic narcotic' and a syntheti......
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