People v. Bacote

OPINION OF THE COURT

James G. Starkey, J.

Each defendant is charged with two counts of criminal *536possession of a controlled substance in the third degree and each has moved for dismissal of the indictment, pursuant to CPL 210.30, 210.35 (5); and 190.25 (6), on the ground that the District Attorney did not properly instruct the Grand Jury as to the applicable law. After due consideration, the motions must be granted.

BACKGROUND

On the night of March 5, 1988, Police Officer Bruce Reid observed an automobile being driven on the wrong side of the road and pursued. During the chase, he observed three…