Sheikowitz v. Board of Regents

Appellate Division of the Supreme Court of New York

Sheikowitz v. Board of Regents

57 A.D.2d 1031, 395 N.Y.S.2d 260, 1977 N.Y. App. Div. LEXIS 12332

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 26, 1977

StatusPublished

This text of 57 A.D.2d 1031 (Sheikowitz v. Board of Regents) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sheikowitz v. Board of Regents, 57 A.D.2d 1031, 395 N.Y.S.2d 260, 1977 N.Y. App. Div. LEXIS 12332 (N.Y. Ct. App. 1977).

Pincite

Opinion

Proceeding initiated in this court pursuant to subdivision 4 of section 6510 of the Education Law to review a determination of the Board of Regents suspending the petitioner’s license to practice as a pharmacist for a period of three months. The petitioner upon this proceeding does not dispute- the finding of the respondent that he had dispensed drugs requiring a prescription without first having a prescription. Indeed, it is conceded that he knew that he should not do what he did. Upon this proceeding the petitioner contends that the record establishes that he was entrapped by a police informer into dispensing the drug and that since he would have a valid defense in a criminal trial of entrapment (Penal Law, § 40.05), the evidence should have been excluded in this proceeding as "illegally” obtained. However, the mere fact that there exists a defense to a criminal proceeding does not mean that the evidence was illegally obtained. The contentions of the petitioner have no merit. Determination confirmed, and petition dismissed, without costs. Koreman, P. J., Greenblott, Kane, Larkin and Herlihy, JJ., concur.

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

Proceeding initiated in this court pursuant to subdivision 4 of section 6510 of the Education Law to review a determination of the Board of Regents suspending the petitioner’s license to practice as a pharmacist for a period of three months. The petitioner upon this proceeding does not dispute- the finding of the respondent that he had dispensed drugs requiring a prescription without first having a prescription. Indeed, it is conceded that he knew that he should not do what he did. Upon this proceeding the petitioner contends that the record establishes that he was entrapped by a police informer into dispensing the drug and that since he would have a valid defense in a criminal trial of entrapment (Penal Law, § 40.05), the evidence should have been excluded in this proceeding as "illegally” obtained. However, the mere fact that there exists a defense to a criminal proceeding does not mean that the evidence was illegally obtained. The contentions of the petitioner have no merit. Determination confirmed, and petition dismissed, without costs. Koreman, P. J., Greenblott, Kane, Larkin and Herlihy, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

57 A.D.2d 1031, 395 N.Y.S.2d 260, 1977 N.Y. App. Div. LEXIS 12332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheikowitz-v-board-of-regents-nyappdiv-1977.