People v. Malizia

Defendant-appellant has been convicted on two counts of crimes in relation to narcotics. The first count of the indictment charges that in the county of New York, on or about November 3, 1955 defendant unlawfully bartered and exchanged, and sold, gave and offered to give to Calvin *25Malone a quantity of a narcotic drug, to wit, a quantity of heroin. This count, if established, would constitute a violation of section 1751 of the Penal Law, in the language of which this part of the indictment is couched. Section 1751 of the Penal Law refers to such conduct as criminal where it is in violation of…