People v. Edwin C.

The defendant, Edwin C. has moved this court for an order to dismiss the instant indictment pursuant to CPL 210.40. The defendant was indicted for criminal possession of a controlled substance, to wit, methadone, in the second degree.

A hearing was held by this court on April 10, 1975 to determine if the interests of justice will be served by dismissal of the indictment. A motion for such a dismissal under CPL 210.45 may neither be granted without a hearing nor denied without unquestionable documentary evidence refuting the defendant’s allegations (People v Weiss, 78 Misc 2d 792). This court…