People v. Boone

—Order, Supreme Court, Bronx County (Ceasar Cirigliano, J.), entered May 27, 1997, granting defendant’s motion to reduce count four of indictment number 1060/97 from criminal possession of a controlled substance in the third degree to criminal possession of a controlled substance in the seventh degree, unanimously reversed, on the law and the facts, the motion denied, and the original fourth count of the indictment reinstated.

The undercover police officer who made the initial buy from the defendant testified before the Grand Jury that at about 6:10 p.m. on December 27, 1996, he purchased a…