Nassau County District Court August 19, 1983 (People v. Coleman)

OPINION OF THE COURT

Ralph Yachnin, J.

Defendant has made a motion under CPL 170.40 to dismiss this action in the furtherance of justice. In examining the merits, the court, of necessity, must examine the statute upon which the charge is laid, to wit: subdivision 4 of section 3397 of the Public Health Law and is constrained to comment upon it.