People v. Hendree

¶1Upon reargument, order of affirmance of the judgment of conviction, rendered June 9, 1966, vacated, and judgment of conviction unanimously reversed, on the law, and a new trial ordered on the authority of People v. Malave (21 N Y 2d 26). The trial court committed reversible error in refusing to charge on the counts of unlawful possession of narcotic drugs. Concur — Stevens, J. P., Eager, Steuer, Rabin and MeGivern, JJ.