People v. Strong

Judgment unanimously affirmed. Memorandum: We

affirm defendant’s misdemeanor conviction for criminal possession of a hypodermic instrument (Penal Law, § 220.45; Public Health Law, § 3395, subd. 3). Defendant’s contention that his conviction was invalid because there was no expert proof that the hypodermic instrument • was functional and hence every element of the crime charged against him had not been proved beyond a rea*799sonable doubt must be rejected. The Penal Law provides that “A person is guilty of criminally possessing a hypodermic instrument when he knowingly and unlawfully possesses * *…