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PEOPLE v. LIPTON

54 N.Y.2d 340 (1981)

The People of the State of New York, Respondent, v. Norman Lipton, Appellant.

Court of Appeals of the State of New York.

Decided November 23, 1981.

Attorney(s) appearing for the Case

Herald Price Fahringer and Barbara Davies Eberl for appellant.

Richard A. Hennessy, Jr., District Attorney (John A. Cirando and Gail N. Uebelhoer of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

JASEN, J.

We are asked to decide on this appeal whether a physician who unlawfully issues prescriptions knowing that they will be used for illicit trafficking in drugs can be found guilty of criminal "sale" of a controlled substance under article 220 of the Penal Law.

Defendant was a licensed physician who engaged in the general practice of medicine in Cazenovia, New York. Beginning in January, 1978 and...

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