People v. McErlean

Two of the defendants, McErlean and Callahan, were charged with misdemeanors under section 3305 of the Public Health Law and sections 1747-d and 1751-a of the Penal Law, namely, with the unlawful possession of heroin and various implements used in the subcutaneous injection thereof. The scene of the alleged crimes was a shop where one O’Donnell, an acquaintence of theirs, was employed. O’Donnell as an employee had a key to the premises. However in the instance in question, he gained entrance to the shop after business hours, in the owner’s absence, and without his permission. He admitted the…