People v. Gallo

Appeal from an order of the County Court of Broome County (Smith, J.), entered May 12, 2014, which granted defendant’s motion to dismiss the indictment.

In May 2013, defendant was indicted and charged with one count of criminal sale of marihuana in the second degree. The charge stemmed from an incident that occurred in December 2012 when defendant, then a 16-year-old high school student, procured what he described as an approximately one-half gram bag of marihuana for a fellow 14-year-old student. In August 2013, defense counsel filed an omnibus motion seeking, among other things, to dismiss…