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PEOPLE v. GARTHAFFNER

103 Misc.2d 671 (1980)

The People of the State of New York, Plaintiff, v. Peter Garthaffner, Defendant.

Criminal Court of the City of New York, New York County.

April 9, 1980.

Attorney(s) appearing for the Case

Laurence B. Saftler for defendant. Robert M. Morgenthau, District Attorney (Gerald J. McMahon of counsel), for plaintiff.

CAROL BERKMAN, J.

The question presented by this case is whether defendant's possession of a controlled substance was "unlawful" in violation of section 220.03 of the Penal Law when the drugs were prescribed for the defendant but he intended to sell, not to use, them. The issue is apparently one of first impression in this State.

THE FACTS

The information charges two counts of unlawful possession...

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