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PEOPLE v. HOUSTON

72 A.D.2d 369 (1980)

The People of the State of New York, Respondent, v. Stanley L. Houston, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 4, 1980

Attorney(s) appearing for the Case

Bruce A. Petito for appellant.

John R. King, District Attorney (Bridget R. Rahilly of counsel), for respondent.

MOLLEN, P. J., HOPKINS and MANGANO, JJ., concur.

TITONE, J.

The principal questions before this court are (1) whether the State Legislature, under the Marihuana Reform Act of 1977 (L 1977, ch 360, eff July 27, 1977), graded the prohibited sale or possession of marihuana on a "pure" weight basis, rather than on an "aggregate" weight basis and, (2) assuming the Legislature did enact a "pure" weight standard at the time,

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