Opinion
Argued November 13, 1973.
January 3, 1974.
Indictment charging defendant with unlawful possession of narcotic and dangerous drugs. Before RIDGE, J., without a jury. Appeal, No. 396, April T., 1972, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1971, No. 4932. Argued November 13, 1973.
Stanton D. Levenson, with him Watzman, Levenson and Snyder, for appellant; J. Kent Culley, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Conviction affirmed and record remanded for resentence under The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P. S. § 780-101. See Commonwealth v. Simpson, 222 Pa. Super. 296, 294, A.2d 805 (1972).
SPAULDING, J., absent.