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Legal Opinion

People v. Carter

New York Supreme Court

Decided February 4, 1975PublishedCited by 6 opinions

1Opinion of the CourtLeon B. Polsky, J.

The defendant moves to dismiss the indictment against her, claiming that the statutes upon which the charges are founded are unconstitutional. Gwivili Carter is alleged to have sold over an ounce of a substance containing methadone to an undercover officer. This alleged sale has given rise to the three charges contained in the indictment; *1082one count relates to the alleged sale and the others to the defendant’s possession immediately prior to the sale.

Count I charges the criminal sale of a controlled substance in the first degree (Penal Law, § 220.43) and requires proof that the defendant…

2Cases cited5 opinions

  1. Municipal Gas Co. v. Public Service CommissionNew York Court of Appeals · 1919
  2. People v. BroadieAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. VenableAppellate Division of the Supreme Court of the State of New York · 1974
  4. People v. DaneffNew York Court of Appeals · 1972
  5. People v. MontaneAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by6 opinions

  1. People v. Davis, New York County Courts1978
  2. People v. Edwin C.New York Supreme Court · 1975
  3. People v. JennersonNew York Supreme Court · 1975
  4. People v. ShapiroNew York Supreme Court · 1979
  5. People v. DuryeaNew York Supreme Court · 1975

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