People v. O'Neill

Defendant was indicted for the criminal sale of a controlled substance while a student at Columbia University. He now moves for a dismissal of the two pending indictments in the furtherance of justice (CPL 210.40) or in the alternative that this court direct that the prosecutor *131recommend a sentence of probation pursuant to section 65.00 (subd 1, par [b]) of the Penal Law.

The evidence submitted to the court by way of argument and numerous letters presented by the defendant from personages high in the administrative hierarchy at Columbia University indicate that at the time of the alleged…