People v. Smith — 66 Misc. 2d 204

Majority

p. 204

The People of the State of New York, Respondent, v. Richard Smith, Appellant.

Supreme Court, Appellate Term, Second Department,

January 4, 1971.

p. 205

Milton Adler and Janice L. Burnett for appellant. Eugene Gold, District Attorney (Harry Brodbar and Raymond J. Scanlan of counsel), for respondent.

The People failed to establish that defendant was in criminal possession of a “ dangerous drug ’ ’ in violation of section 220.05 of the Penal Law. The drug, librium, was not defined as a “ dangerous drug ” at the time of defendant’s arrest (see, also, Penal Law, § 220.00; Public Health Law, art. 33-A; 10 NYCRR 81.46, effective May, 1968, repealed December, 1969).

The judgment of conviction should be unanimously reversed on the law and facts and complaint dismissed.

Concur — Croat, P. J., Schwartzwald and Rinaldi, JJ.

Judgment reversed, etc.