People v. Hendree (29 A.D.2d 848, 1968)

Upon 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.