PEOPLE v. SMITH

Per Curiam.

The People failed to establish that defendant was in criminal possession of a "dangerous drug" in violation of section 220.05 Penal of the Penal Law. The drug, librium, was not defined as a "dangerous drug" at the time of defendant's arrest (see, also, Penal Law, § 220.00; Public Health Law, art. 33-A; 10 NYCRR 81.46, effective May, 1968, repealed December, 1969).

The judgment of conviction should be unanimously reversed on the law and facts and complaint dismissed.

Concur — GROAT, P.J., SCHWARTZWALD and RINALDI, JJ.

Judgment reversed, etc.