People v. Kenny

Defendant has been sentenced to a maximum term of five years in prison for selling for $5 in 1968 a small quantity of marijuana to a friend in violation of section 220.40 of the Penal Law. Defendant is a first offender. He was a band leader. The complainant, Bernard Branch, had been a member of defendant’s band. Defendant was then 22 years old, Branch 19.

No part of the substance which Branch was permitted to describe as “ marijuana ” was preserved for the trial. No examination or test of it was made by any chemist or other *156person experienced in narcotics to bring the material which Branch…