At a trial of a defendant charged with violating section 220.45 of the Penal Law (knowingly and unlawfully possessing hypodermic needles and syringes) there was no testimony concerning whether the defendant had a prescription. The defense moved to dismiss because "unlawful" possession had not been proven.
The definition "unlawful" is set forth in section 220.00 of the Penal Law which provides: "6. `Unlawfully...
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