Appellate Division of the Supreme Court of the State of New York, Second Department.
As so modified, the judgment is unanimously affirmed.
Under the statutes, possession of the drug is a misdemeanor, whereas the sale thereof is a felony. (See Penal Law, § 1751.) Appellant was accused and convicted of the crime as a misdemeanor. Accordingly it was improper to add the notation "seller" to the provisions of the judgment which sentenced appellant to...
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