People v. Smith, 66 Misc. 2d 204

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defendant’s arrest (see, also, Penal Law, § 220.00; Public Health Law, art. 33-A; 10 NYCRR 81.46, effective May, 1968, repealed December, 1969).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

Case Name: People v. Smith

Court Name: Appellate Terms of the Supreme Court of New York

Date Published: Jan 4, 1971

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

Court Abbreviation: N.Y. App. Term.