People v. Feliciano

Chief Judge Fuld.

A Kings County grand jury indicted Feliciano and Gonzalez, the defendants-respondents herein, along with a third defendant, Carlos Santana, for possession of a dangerous drug in the third degree (Penal Law, § 220.20). All three moved for dismissal of the indictment. The court at Criminal Term denied Santana’s application but granted the motions of the other two, and a divided Appellate Division affirmed the resulting order (40 A D 2d 1021). This was error; the motion should have been denied and the indictment sustained.

The grand jury minutes reveal that Santana disembarked…