People v. Molinares

OPINION OF THE COURT

Shirley R. Levittan, J.

Defendant Jaime Molinares has moved to dismiss the indictment on the ground that cocaine should not be classified as a narcotic. For the reasons set forth herein, the court denies the motion.

Defendant Jaime Molinares and codefendant Carlos Munoz are charged with nine counts of criminal possession and sale of a controlled substance. The indictment alleges, in substance, that on three separate dates, the defendants possessed and sold a quantity of cocaine to an undercover police officer.

In this motion, which has been adopted by codefendant Munoz,…