People v. Jennerson

The defendant, convicted after trial of criminal possession of a controlled substance in the fifth degree and sentenced on March 18, 1974 as a second felony offender to three to six years’ imprisonment, moves before me to set aside that sentence.

Initially charged with sale of a controlled substance (methadone) in the second degree and related possessory counts, the defendant was tried in early 1974 and acquitted of the sale but convicted by jury verdict of the felonious possession based upon unlawful possession of "a substance of an aggregate weight of one-eighth ounce and more containing a…