People v. Nangaparbet

Defendant, accused by a single count indictment of the unlawful possession of a hypodermic syringe and hypodermic needle, moves to dismiss the indictment at the conclusion of the People’s case. The ground advanced in support of the motion presents a clear and focused attack upon the constitutionality of subdivision 3 of section 1747-d of the Penal Law.

Originally derived from the Uniform Narcotic Drug Act adopted by the National Conference of Commissioners on Uniform State Laws in 1932 (see Uniform Laws Annotated, vol. 9B, p. 274), subdivision 3 of section 1747-d of the Penal Law (added by L.…