People v. Pender

OPINION OF THE COURT

Pearl B. Corrado, J.

On October 1, 1992, the defendant was arrested for possessing cocaine after he was observed by a police officer on duty participating in a drug transaction. The matter was presented to the Grand Jury on October 7, 1992. Defendant was charged with criminal possession of a controlled substance in the third *326degree, a class B felony, and criminal possession of a controlled substance in the fifth degree, a class D felony.

The defendant now moves for dismissal of the indictment in the interests of justice, pursuant to CPL 210.40. Defendant alleges that his…