People v. Levy

Crain, J.:

The defendant demurs to an indictment designed to charge him with making a sale of cocaine in violation of section 1746 of the Penal Law. The., demurrant contends that the indictment does not charge the commission of such crime. This contention is based on the claim that the indictment does not sufficiently negative -the exceptions incorporated in the body of the statute, and that it therefore does not sufficiently* describe- the crime charged.

The indictment charges the defendant with making a sale of *48one of the substances mentioned in the statute, in violation of the statutory…