People v. Handford

Appeal by the People from a trial order of dismissal (CPL 290.10) of the Supreme Court, Kings County, entered December 8, 1971, which, as to respondent, and predicated upon the People’s opening address to the jury, dismissed the indictment charging him with possession of a dangerous drug in the fourth degree and possession of a hypodermic instrument. Order reversed, on the law, motion to dismiss denied and indictment reinstated as against respondent. The District Attorney’s opening address indicated that the People intended to offer sufficient evidence to establish a prima facie case against…