People v. Vandercook

OPINION OF THE COURT

Joseph Harris, J.

Motion by defendant to inspect the Grand Jury minutes pursuant to CPL 210.20 (subd 1, par [b]) and 210.30, and for an order of the court dismissing the indictment upon the grounds that the evidence submitted to the Grand Jury was not legally sufficient to support the offense charged against the defendant, to wit: criminal possession of marihuana in the first degree, in violation of section 221.30 of the Penal Law.

The defendant contends that under the Marihuana Reform Act of 1977 (L 1977, ch 360 — now reflected in art 221 of the Penal Law), the standard of…