People v. Philipson

These two motions, made by the individual defendants on separate indictments, involve the same fundamental question.

The indictment against the defendant, Bill Philipson, charges one count of criminally selling a dangerous drug in the second degree, in violation of section 220.35 of the Penal Law, in that on November 2, 1968 at the City of Utica, he unlawfully sold to one G. P. Thomas, a narcotic drug, to wit: marihuana; and a second count, that he unlawfully possessed the same drug, with intent to sell.

The indictment against the defendant, Terrill Hastings, charges two counts of possession of…