People v. Frank

OPINION OF THE COURT

Henderson W. Morrison, J.

Defendant has been charged with criminal sale of a controlled substance to an undercover agent. Defendant contends that he did not sell the controlled substance, but instead purchased it from the undercover agent.

*737Defendant waived immunity and testified before the Grand Jury. During his testimony he stated he underwent a polygraph test as to the truthfulness of his statement that he purchased, not sold, the controlled substance and that the test results were in his favor. The District Attorney abruptly stopped the proceedings and withdrew the case…