People v. Gonzalez

*942OPINION OF THE COURT

Ralph Fabrizio, J.

In this omnibus motion, defendant moves, inter alia, to dismiss the first three counts of the superceding indictment. The gravamen of his claim is that the People’s delay in presenting the superceding charges to the grand jury within the 45 days specified in the court’s resubmission order requires that those charges be dismissed. For the reasons set forth below, the court denies this motion.

On November 10, 2009, a judge presiding in this Part dismissed several charges of the original indictment “pertaining to the alleged sale and possession with intent to…