Judgment of conviction reversed on the law and facts and indictment dismissed.
Memorandum:
The indictment in this case charged defendant with an attempted violation of subdivision 1 of section 1751 of the Penal Law, which makes illegal certain sales of narcotics. The indictment did not charge a violation of subdivision 3 of section 1751, pertaining to unlawful possession. The People's evidence established affirmatively that defendant acted in the transaction...
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