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PEOPLE v. BAKER

7 A.D.2d 707 (1958)

The People of the State of New York, Respondent, v. William Baker, Carl Davis and Robert McLain, Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

December 2, 1958

MEMORANDUM BY THE COURT.

People v. Hicks (3 A.D.2d 829) is distinguishable. In that case the People, in effect, conceded that "the proof may be insufficient to establish that the defendant possessed the eye-dropper with the intent to use it for that purpose [i.e., the administration of narcotic drugs]." Nor was there proof with respect to what instrument or implement the defendant was there charged with possessing. In

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