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The People of the State of New York, Appellant, v. Douglas J. Furlong, Respondent
OPINION OF THE COURT
Order affirmed. The legal issue raised has been rendered academic by amendment of the regulation to require' proof of intent to consume (cf., People v Lee, 58 NY2d 491).
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.