People v. Poole

As the result of an aborted narcotics transaction, defendants Poole and Ostgarden were charged with two counts of possession of a narcotic drug, 1 theft, 2 and defendant Poole was charged with first-degree assault on a police officer. 3 Prior to trial, the possession and theft charges were dismissed by the district attorney when the trial court entered an order suppressing certain evidence. At a later date, the trial court dismissed the assault charge on the ground that the prosecution had destroyed exculpatory evidence. The People now appeal from the suppression order and the dismissal based…