People v. Gogarty

This is an appeal from a judgment of the Court of Special Sessions, Bronx County, convicting the defendant of a violation of subdivision 3 of section 1747-d of the Penal Law, which declares it to he unlawful, except for certain classes of persons, “to have under control or possess, a hypodermic syringe or hypodermic needle, or any other instrument or implement adapted for the administering of narcotic drugs which other instrument or implement is possessed for that purpose ”.

The evidence here is insufficient to prove possession or control within the meaning of the statute, or to prove the…