People v. Davis

—Order insofar as appealed from unanimously reversed on the law, motion denied, counts one and two of the indictment reinstated and matter remitted to Onondaga County Court for further proceedings on the indictment. Memorandum: The People appeal from an order dismissing two counts of a three-count indictment charging defendant with criminal possession of a controlled substance in the fourth degree (count 1) (Penal Law § 220.09 [1]), criminal possession of a controlled substance in the seventh degree (count 2) (Penal Law § 220.03) and obstructing governmental administration in the second…