People v. Rodriguez

Defendant moved to dismiss the indictment upon which he was arraigned pursuant to the “dragnet” provision of CPL 210.20 (subd 1), to wit, subdivision (h), which permits such motion on the ground that “There exists some other jurisdictional or legal impediment to conviction of the defendant for the offense charged”. His motion was denied without a hearing. On his appeal from the judgment of conviction upon his guilty plea of criminal sale of a controlled substance in the third degree, we are confronted with the critical issue of whether he was entitled to a hearing on his claim that he was…