People v. Cianciulli

In this prosecution charging the defendant with having violated section 220.45 of the Penal Law, “ Criminally possessing a hypodermic instrument ”, after the jury was sworn and the People’s first witness had given some evidence the defendant moved to dismiss the information on the ground that it was jurisdictionally defective.

The officer’s information alleged that: “ the defendant did wilfully, wrongfully and unlawfully violate the provisions of Section 220.45 of the Penal Law of the State of New York, in that at the time and place aforesaid, the said defendant did criminally possess…