People v. Miller

Appeal from an order, Supreme Court, New York County (Jay Gold, J.), issued October 2, 1991, which dismissed Indictment No. 4096/91, charging defendant, on the theory of acting in concert, with the crimes of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]), criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]), and criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), as unsupported by legally sufficient evidence, is dismissed, with leave to reinstate within one year of the entry of…