People v. Garcia

— Order, Supreme Court, New York County (Herbert Altman, J.), entered November 25, 1985, dismissing counts 1, 2, 4 and 5 of an indictment charging defendant with criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31) and criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06) in the interest of justice pursuant to CPL 210.20 (1) (i) and 210.40, unanimously reversed, on the law, the indictment reinstated and the matter remanded for further proceedings.

On October 10, 1985, a superseding indictment charged defendant in connection with the…