People v. Susanol

Order, Supreme Court, New York County (Herbert Altman, J.), entered on or about May 13, 1999, which granted defendant’s motion to dismiss the indictment to the extent of dismissing the first count charging him with criminal possession of a controlled substance in the third degree, unanimously reversed, the motion denied, the count reinstated and the matter remanded for further proceedings.

Sergeant Joseph Kenny testified before the Grand Jury that he and two other officers responded to a report of drug selling in the lobby of 512 West 158th Street, a fact which was admitted into evidence to…