People of State of New York v. Howard

Order of the Supreme Court, New York County (Jay Gold, J.), entered May 28, 1987, granting defendant’s motion to dismiss in the interest of justice an indictment charging him with criminal sale of a controlled substance in the third degree and related possessory offenses, is unanimously reversed, on the law and facts and as a matter of discretion in the interest of justice, the motion denied and the indictment reinstated and the matter remanded for further proceedings.

For the purposes of this appeal, we accept as true that on January 7, 1986, defendant sold two vials of cocaine to an…