PEOPLE v. COLEMAN


120 Misc.2d 691 (1983)

The People of the State of New York, Plaintiff, v. Carol E. Coleman, Defendant.

District Court of Nassau County, First District.

August 19, 1983


Attorney(s) appearing for the Case

Robin Steinberg for defendant. Denis E. Dillon, District Attorney (Paul Lauricella of counsel), for plaintiff.


RALPH YACHNIN, J.

Defendant has made a motion under CPL 170.40 to dismiss this action in the furtherance of justice. In examining the merits, the court, of necessity, must examine the statute upon which the charge is laid, to wit: subdivision 4 of section 3397 of the Public Health Law and is constrained to comment upon it.

The pertinent part of the statute in question is as follows: "4. Any person who, in the course of treatment, is supplied with...

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