People v. Spencer

Defendants have moved, by notice of motion returnable before this court on February 19, 1974, for an order dismissing the indictment herein on the ground that the statutes defining the offenses charged are unconstitutional and invalid.

The motion to dismiss the indictment herein is denied.

The motion was argued before the undersigned on February 19, 1974, defendants submitting, in support of their position, that section 220.20, subdivision 2 of section 220.15 and section 220.10 of the Penal Law are unconstitutional, null and void and invalid in that said statutes classify and treat marijuana or…