Defendant was indicted, tried and convicted of the crime of unauthorized distribution and/or dispensing of a prescription drug in violation of subdivision 1 of section 6810 of the Education Law. The record reveals that an undercover trooper, having previously been introduced to defendant by an informer, purchased a quantity of diethylpropion from defendant. This drug is a mild appetite suppressant which at the time of the alleged sale was not prohibited by the Penal Law....
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