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PEOPLE v. SALERNO

17 Misc.2d 535 (1959)

The People of the State of New York, Plaintiff, v. Nicholas Salerno, Defendant.

Court of Special Sessions of the City of New York.

April 27, 1959.

Attorney(s) appearing for the Case

Edward J. Hale for defendant.

Frank S. Hogan, District Attorney (Richard A. Nachman of counsel), for plaintiff.

ACQUAVELLA, P. J., and RAO, J., concur.

BENJAMIN GASSMAN, J.

In a two-count information, the defendant is charged with (1) illegal possession of narcotic drugs, and (2) illegal possession of a hypodermic syringe and a hypodermic needle. The defendant moves to dismiss the information on the ground that section 1751-a of the Penal Law (which makes it a misdemeanor to illegally possess narcotic drugs) and section 1747-d (subd. 3) (which makes it a misdemeanor...

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