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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