People v. Culligan

Order unanimously reversed, indictment reinstated and permission to resubmit granted memorandum: Defendant has been indicted for criminal sale of a controlled substance in the third degree (Penal Law, § 220.39, subd 1) and petit larceny (Penal Law, § 155.25). After reviewing the Grand Jury minutes, County Court granted defendant’s motion to dismiss the indictment for insufficiency and denied the District Attorney’s application to resubmit. The indictment charges that on November 17, 1978 defendant knowingly and unlawfully sold a white powder alleged to be a narcotic drug, cocaine, to an…