
    The People of the State of New York, Appellant, v Douglas J. Furlong, Respondent.
    Argued September 4, 1987;
    decided October 6, 1987
    
      APPEARANCES OF COUNSEL
    
      Denis Dillon, District Attorney (Marea M. Suozzi and Anthony J. Girese of counsel), for appellant.
    
      Douglas J. Furlong, respondent pro se.
    
    
      Robert Abrams, Attorney-General (O. Peter Sherwood, Lawrence S. Kahn and Christopher Keith Hall of counsel), amicus curiae.
    
   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.  