The invention discloses a crystalline of eszopiclone having an X-ray diffraction spectrum using Cu-Ka radiation, with peaks expressed in degrees 2θ at about 11.08°, 12.38°, 15.86°, 17.88°, 19.98°, 20.58°, a DSC thermogram with peak at about 207.7 °C, and an infrared absorption spectrum with peaks at about 3078 cm