People v. Serrano

Lupiano, J. (dissenting).

Defendant was charged with the following five counts: (1) criminal possession of a weapon in the third degree, (2) criminal possession of a controlled substance in the seventh degree, (3) criminally using drug paraphernalia in the second degree, (4) criminally possessing a hypodermic instrument, and (5) unlawful possession of marihuana. This appeal concerns the propriety of Trial Term’s *262dismissal of the first count of the indictment on defendant’s motion prior to trial. The Trial Term determined to grant the motion "in accordance with [its] decision in People v…