People v. Smith

Appellate Terms of the Supreme Court of New York

People v. Smith

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

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 4, 1971

StatusPublished

Cited by1 cases

This text of 66 Misc. 2d 204 (People v. Smith) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Smith, 66 Misc. 2d 204, 320 N.Y.S.2d 486, 1971 N.Y. Misc. LEXIS 1960 (N.Y. Ct. App. 1971).

Pincite

Opinion

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defendant’s arrest (see, also, Penal Law, § 220.00; Public Health Law, art. 33-A; 10 NYCRR 81.46, effective May, 1968, repealed December, 1969).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.

Free access — add to your briefcase to read the full text and ask questions with AI