People v. Kass

Defendant, a licensed physician, was convicted of 23 out of 29 counts of an indictment charging violations of sections 3305 and 3373 of the Public Health Law for unlawfully prescribing narcotic, stimulant and depressant drugs. On appeal, he contends that the verdict was inconsistent and repugnant, that the offenses charged were not crimes, that the statutes involved were constitutionally vague and that the charge to the jury was inadequate. We find no merit to any of these points.

Each count of an indictment is to be considered a separate crime and consistency is not required (Dunn v. United…