People v. Duryea

Defendant moves to reargue the portion of the decision of this court issued on April 22, 1975 which denied his motion to dismiss the indictment on the ground that the aggregate weight standard as applied to methadone is unconstitutional. In support of his contention that said standard is unconstitutional in its application to methadone, he cites People v Carter (80 Misc 2d 1081). The defendant’s motion to reargue is granted. Upon reargument, the court adheres to its original decision and makes the following additional comments:

The court has examined defendant’s motion papers, his brief and…