Judgment unanimously affirmed.
Memorandum:
We affirm defendant's misdemeanor conviction for criminal possession of a hypodermic instrument (Penal Law, § 220.45; Public Health Law, § 3395, subd. 3). Defendant's contention that his conviction was invalid because there was no expert proof that the hypodermic instrument was functional and hence every element of the crime charged against him had not been proved beyond a reasonable
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