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PEOPLE v. GRAFF

79 Misc.2d 407 (1974)

The People of the State of New York, Plaintiff, v. John Graff, and Vincent Graff, Defendants.

Supreme Court, New York County.

October 10, 1974

Attorney(s) appearing for the Case

Siegel & Graber (Herman J. Graber and Robert L. Herrick of counsel), for defendants. Frank Rogers, Special Narcotics Prosecutor (Lynette Rich of counsel), for plaintiff.

LEON POLSKY, J.

Charged with criminal sale of a controlled substance in the first and third degrees, the defendants move to dismiss the indictment claiming that the provisions of article 220 of the Penal Law ("Controlled Substances Offenses") incorporate by reference provisions of article 33 of the Public Health Law ("The New York State Controlled Substances Act"), and that such reference violates section 16 of article III of the New York State Constitution...

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