Opinion
June 6, 1950.
Present — Peck, P.J., Glennon, Cohn, Van Voorhis and Shientag, JJ.
In view of the labeling as barbiturates of the pills sold by defendant without a prescription, in violation of section 6814 Educ. of the Education Law, of which he has been convicted, it is not necessary to decide whether section 6825 Educ. of the Education Law applies to such a situation. Here, by the label, defendant has admitted that he sold barbiturates. Judgment unanimously affirmed.