People v. Cooks

—Order, Supreme Court, New York County (James A. Yates, J.), entered on or about February 22, 1994, which granted defendant’s motion to dismiss New York County Indictment No. 5180/93 on the ground that the evidence presented to the Grand Jury was insufficient, unanimously reversed, on the law, and the indictment reinstated.

The evidence before the Grand Jury showed that, on May 19, 1993, at 4:35 p.m., an undercover police officer approached co-defendant Warren Davis on Fifth Avenue near 128th Street and told Davis that he "wanted crack.” Davis told the officer to accompany him and immediately…