People v. Hardy

OPINION OF THE COURT

Richard B. Meyer, J.

Application by the People for leave to resubmit to a grand *445jury a charge which was previously dismissed for insufficient evidence (CPL 210.20 [4]).

The defendant was previously charged by indictment with the crime of criminal possession of marijuana in the second degree (Penal Law § 221.25), a class D felony, based upon a search of apartment B at 118 Bridge Street in the city of Plattsburgh, Clinton County, conducted on May 24, 2013. The indictment was dismissed by this court (see People v Hardy, 42 Misc 3d 211 [2013]), because the evidence before the…