Claiming lack of jurisdiction, the defendant moves to dismiss a 17-count indictment charging violations of the Public Health Law arising out of the alleged unlawful prescribing of nonnarcotic controlled substances in violation of sections 3331, 3332, and 3335 of such law. Punishment for violation of these sections is provided in section 12-b of the Public Health Law (see Public Health Law, § 3396, subd 2) and, since the maximum...
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