People v. Turcsik

Kíenneth O. Johnson, Jr., J.

This is a proceeding upon a motion to dismiss. The defendant, Frank J. Turcsik, was tried before this court without a jury on the charge of criminally selling a dangerous drug in the third degree.

At the conclusion of the People’s case, the defendant moved for a dismissal of the charge for failure of proof. Decision was reserved, the defense then rested, and the evidence was closed.

The central question is whether People’s Exhibit 1, identified at the trial as heroin, was admissible in evidence as a substance received from the defendant. The defendant contends that…