People v. Ali

OPINION OF THE COURT

Carol Berkman, J.

Each defendant has been charged with criminal sale of a controlled substance in the third degree and has moved for an inspection of the Grand Jury minutes and dismissal of the indictment.1

These cases are representative of prevalent and recurring issues common to multiple defendant narcotics prosecutions where the fact patterns appear to permit the so-called "agency defense”. The questions presented by these prosecutions are whether the People presented sufficient evidence to show prima facie that the defendant was acting in concert with the seller rather…