People v. Mujahid

Appeal from an order of the County Court of Albany County (Herrick, J.), entered October 30, 2006, which granted defendant’s motion to dismiss the indictment.

Defendant owned a convenience store that was a target of an undercover investigation into the sale of cigarettes bearing counterfeit excise tax stamps. After defendant twice purchased cartons of what he believed to be untaxed cigarettes from a confidential informant, a grand jury proceeding was held. The grand jury handed up an indictment charging defendant with seven crimes related to his purchase of these cigarettes. Following…