People v. Armstrong

Appeal by the People from an order of the Supreme Court, Queens County (Clabby, J.), dated February 23, 1988, which granted that branch of the defendant’s omnibus motion which was to dismiss an indictment charging him with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.

Ordered that the order is reversed, on the law, that branch of the defendant’s motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further…