People v. Rodriguez

Judgment, Supreme Court, Bronx County (Arlene Silverman, J.), rendered October 31, 1989, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him to concurrent terms of from 2 to 6 years and 1 year, respectively, unanimously affirmed.

Defendant moved to dismiss the indictment pursuant to CPL 210.30, on the ground that the evidence before the grand jury was insufficient, in that the police officer had testified, and the laboratory report indicated, that defendant had possessed…