People v. Peterson

The defendant in this coram nobis proceeding pleaded guilty to attempted possession of a narcotic drug (Penal Law, § 1751, subds. 3, 5) on an indictment charging him with the consummated crime of possession of such drug.

As we have frequently advised the Legislature and Governor, the statute as drafted is unrealistic and illogical. To prove the felony of possession of the narcotic drug of heroin, the defendant must have possessed a mixture (powdered sugar, etc.) weighing one eighth of an ounce (55 grains) or more of which 1% or more is heroin. Possession of less than this in either total…