People v. Garcia

*270OPINION OF THE COURT

Michael C. Curci, J.

The defendant Wilson Castillo has made a motion to dismiss the indictment pursuant to the CPL, the Constitution and the case law of this State. The defendant Wilson Castillo contends that the indictment be dismissed on the ground that this indictment is defective, pursuant to CPL 190.75 (1) and (3), in that it represents a third submission to the Grand Jury.

1. HISTORY OF THIS CASE

The defendant was arrested on February 4, 1987 and charged (with codefendants) in an almost 40-count indictment with multiple sales and possessions of cocaine and possession of…