Legal Opinion
People v. Garthaffner
Criminal Court of the City of New York
Decided April 9, 1980PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Carol Berkman, J.
The question presented by this case is whether defendant’s possession of a controlled substance was "unlawful” in violation of section 220.03 of the Penal Law when the drugs were prescribed for the defendant but he intended to sell, not to use, them. The issue is apparently one of first impression in this State.
THE FACTS
The information charges two counts of unlawful possession of a controlled substance in the seventh degree. (Penal Law, § 220.03.) The first count alleges that on October 16, 1979, the defendant sold two barbiturate capsules to an undercover…
2Cases cited7 opinions
- People v. EboliNew York Court of Appeals · 1974
- People v. SierraNew York Court of Appeals · 1978
- People v. DethloffNew York Court of Appeals · 1940
- People v. ParkerAppellate Division of the Supreme Court of the State of New York · 1979
- State v. SandersonTennessee Supreme Court · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Williams v. AGK Communications, Inc.New York Supreme Court · 1989
- In re Antoinette Frances G.New York City Family Court · 1987
- People v. GarthaffnerAppellate Terms of the Supreme Court of New York · 1982