People v. Butler

*981OPINION OF THE COURT

Frederic S. Berman, J.

If a particular count contained in a multicount indictment charges a defendant with possessing both heroin and cocaine in violation of Penal Law § 220.03 (criminal possession of a controlled substance in the seventh degree), is such count duplicitous and violative of CPL 200.30 (indictment; duplicitous counts prohibited)?

In this case the People filed an indictment which contained the following count:

"the grand jury aforesaid, by this indictment, [ ] accuse the defendant^ Harold Butler,] of the crime of criminal POSSESSION OF A CONTROLLED SUBSTANCE IN…