PEOPLE v. KENNY


30 N.Y.2d 154 (1972)

The People of the State of New York, Appellant, v. Douglas Kenny, Respondent.

Court of Appeals of the State of New York.

Decided March 22, 1972.


Attorney(s) appearing for the Case

Owens D. Grogan, District Attorney, for appellant.

Michael J. Horowitz, Stanley G. Weiss and Murray A. Gordon for respondent.

Chief Judge FULD and Judges BURKE and BREITEL concur with Judge BERGAN; Judge GIBSON dissents and votes to reverse in a separate opinion in which Judges SCILEPPI and JASEN concur.


BERGAN, J.

Defendant has been sentenced to a maximum term of five years in prison for selling for $5 in 1968 a small quantity of marijuana to a friend in violation of section 220.40 of the Penal Law. Defendant is a first offender. He was a band leader. The complainant, Bernard Branch, had been a member of defendant's band. Defendant was then 22 years old, Branch 19.

No part of the substance which Branch...

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