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PEOPLE v. MALAVE

21 N.Y.2d 26 (1967)

The People of the State of New York, Respondent, v. Flor Malave, Appellant.

Court of Appeals of the State of New York.

Decided December 7, 1967.

Attorney(s) appearing for the Case

P. B. Konrad Knake and Anthony F. Marra for appellant.

Aaron E. Koota, District Attorney (Stanley M. Meyer of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE, KEATING and BREITEL concur with Judge BERGAN; Judge SCILEPPI dissents and votes to affirm on the authority of People v. Mussenden ().

BERGAN, J.

Defendant was charged in a nine-count indictment with the sale of narcotics; with the possession of narcotics with intent to sell, as felonies (former Penal Law, § 1751; Public Health Law, art. 33) and with the unlawful possession of narcotics as a misdemeanor (former Penal Law, § 1751-a) on three separate occasions in 1964.

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