PEOPLE v. HINGERTON


27 A.D.2d 754 (1967)

The People of the State of New York, Respondent, v. Jack Hingerton, Also Known as Jack Molino, Appellant

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

February 27, 1967


Reversed, on the law and the facts, and indictment dismissed.

Defendant's conviction for violation of the Public Health Law with respect to narcotic drugs (Penal Law, § 1751, subd. 1) rests on a single sale of marijuana to a special employee of the police department. The People's proof affirmatively established that defendant acted solely as an agent of this employee; and failed to show that he received any financial profit from the transaction or that he was...

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