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PEOPLE v. HERTZ

78 Misc.2d 1033 (1974)

The People of the State of New York, Plaintiff, v. Fred Hertz, Defendant.

District Court of Nassau County, First District.

August 28, 1974

Attorney(s) appearing for the Case

William Cahn, District Attorney (John L. Evans of counsel), for plaintiff. James J. McDonough and Paul Bloom for defendant.

JULIUS CHINMAN, J.

The defendant herein is charged with violating subdivision 2 of section 270.05 of the Penal Law.

Section 270.05 of the Penal Law provides as follows: "270.05 — Unlawfully possessing noxious material. 1. As used in this section, `noxious material' means any container which contains any drug or other substance capable of generating offensive, noxious or suffocating fumes, gases or vapors, or capable of immobilizing a person...

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