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PEOPLE v. JONES

138 A.D.2d 301 (1988)

The People of the State of New York, Respondent, v. Melvin Jones, Appellant

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

March 24, 1988

Defendant's conviction arose from his sale of 10 Darvocets to an undercover police officer. We agree with defendant that this conviction must be reversed and the indictment dismissed, because the People have failed to prove that the drug defendant sold, propoxyphene, the generic name for Darvocets, was a controlled substance listed in section 3306 of the Public Health Law. "Controlled Substance" is defined in the Penal Law as any...

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