Opinion
April 24, 1950.
Present — Nolan, P.J., Carswell, Johnston, Wenzel and MacCrate, JJ.
Judgment of the Court of Special Sessions of the City of New York, Borough of Brooklyn, convicting appellant of the crime of unlawful possession of a narcotic drug (Public Health Law, § 422; Penal Law, § 1751-a) and sentencing her to a term of imprisonment at the New York City Penitentiary, modified on the law and the facts by striking therefrom the word "seller". As so modified, the judgment is unanimously affirmed. Under the statutes, possession of the drug is a misdemeanor, whereas the sale thereof is a felony. (See Penal Law, § 1751.) Appellant was accused and convicted of the crime as a misdemeanor. Accordingly it was improper to add the notation "seller" to the provisions of the judgment which sentenced appellant to imprisonment.