January 3, 1974
Appeal, No. 496, April T., 1973, from judgment of sentence of Court of Common Pleas, Criminal Division, of Allegheny County, June T., 1970, No. 5600.
Stanton D. Levenson, with him Watzman, Levenson and Snyder, for appellant; John G. Alford, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.
Before Bolte, J., without a jury.
Opinion PER CURIAM: Conviction affirmed and record remanded for resentence under The Controlled Substance, Drug, Device and Cosmetic Act of 1972, 35 P.S. §§ 780-101. See Commonwealth v. Simpson, 222 Pa. Superior Ct. 296, 294 A.2d 805 (1972).
SPAULDING, J., absent.
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