People v. Kennedy

OPINION OF THE COURT

Francis A. Affronti, J.

Each of the above-named defendants is accused by separate indictments, of criminal sale of a controlled substance in the third degree, in violation of Penal Law § 220.39 (1). By notice of motion, the defendants, among other requested relief, seek an order dismissing the indictments, upon the grounds that the evidence presented before the Grand Jury was not legally sufficient to establish the offenses charged or any lesser included offenses (CPL 210.20 [1] [b]; 210.30). The Grand Jury minutes have been inspected and examined (CPL 210.30 [1], [2], [3])…