People v. Turcsik

Appeal from (1) an order of the County Court of Tompkins County, entered July 18, 1972, which denied the prosecution’s motion to reopen, and (2) a subsequent order, entered September 11, 1972 as amended October 27, 1972, which granted defendant’s motion to dismiss the indictment. Defendant was indicted for the crime of criminally selling a dangerous drug in the third degree in violation of section 220.35 of the Penal Law. He was subsequently arraigned and entered a plea of not guilty. On June 19, 1972 defendant waived his right to a jury trial. The evidence at the trial revealed that on…