In People v. Lobianco, 2 Misc 3d 419 (Crim Ct Kings County 2003), the defendant was charged with criminal possession of a hypodermic instrument, Penal Law 220.45. The court rejected a claim that the information was facially insufficient in that it failed to allege that the defendant had not obtained the syringes legally at a pharmacy. The court concluded that the provisions of the Public Health Law that rendered lawful the possession of a hypodermic instrument were "provisos" that did not need to be pled.