People v. Salerno

In a two-count information, the defendant is charged with (1) illegal possession of narcotic drugs, and (2) illegal possession of a hypodermic syringe and a hypodermic needle. The defendant moves to dismiss the information on the ground that section 1751-a of the Penal Law *536(which makes it a misdemeanor to illegally possess narcotic drugs) and section 1747-d (subd. 3) (which makes it a misdemeanor to illegally possess narcotic implements) are both unconstitutional.

In support of his argument that section 1751-a is unconstitutional, defendant cites People v. Hicks (3 A D 2d 829) and People v.…