PEOPLE v. PETERSON


33 Misc.2d 861 (1962)

The People of the State of New York, Plaintiff, v. Whitman Peterson, Defendant.

County Court, Kings County.

May 7, 1962


Attorney(s) appearing for the Case

Whitman Peterson, defendant in person. Edward S. Silver, District Attorney, for plaintiff.


NATHAN R. SOBEL, J.

The defendant in this coram nobis proceeding pleaded guilty to attempted possession of a narcotic drug (Penal Law, § 1751, subds. 3, 5) on an indictment charging him with the consummated crime of possession of such drug.

As we have frequently advised the Legislature and Governor, the statute as drafted is unrealistic and illogical. To prove the felony of possession of the narcotic drug of heroin, the defendant...

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