People v. Murray

Defendant, Kenneth Murray, accused by indictment of acting in concert with another in the commission of the crimes, criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree (Penal Law, §§ 220.43, 220.21) moves for dismissal of the charges upon the grounds the indictment is defective within the meaning of CPL 210.25, and improperly returned by the Grand Jury in that it was not founded upon legally sufficient evidence (CPL 210.30).

It is defendant’s contention that the deficiency in the indictment stems from a failure…