People v. Gasen

—Order, Supreme Court, New York County (John Bradley, J.), entered on or about September 22, 1999, which dismissed the indictment with leave to re-present on the ground of insufficiency of the *228Grand Jury evidence, unanimously reversed, on the law, the motion denied and the indictment reinstated.

The motion court erred in concluding that the People did not present a prima facie case as to the sale of narcotics by defendant. “In the context of the Grand Jury procedure, legally sufficient means prima facie, not proof beyond a reasonable doubt” (People v Mayo, 36 NY2d 1002, 1004). Here, “it cannot…