People v. Queen

The defendant, William Devlin, demurs to the third count of indictment No. 223/70, charging him with the crime of sale and possession of hypodermic syringes and hypodermic needles; possession of certain other instruments, a class A misdemeanor, upon the grounds that the facts stated do not constitute a crime in that the possession of ordinary *617“ water pipes ” was not within the proscription intended by the Legislature in enacting section 3395 of the Public Health Law.

The third count of the indictment charges that the crime was committed as follows: 11 The said defendants, at the City of…