The People failed to establish that defendant was in criminal possession of a "dangerous drug" in violation of section 220.05 of the Penal Law. The drug, librium, was not defined as a "dangerous drug" at the time of defendant's arrest (see, also, Penal Law, § 220.00; Public Health Law, art. 33-A; 10 NYCRR 81.46, effective May, 1968, repealed December, 1969).
The judgment of conviction should...
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