People v. Moore

The defendant, Wilbert Moore, moves to dismiss the indictment charging him with six counts *16of criminal possession and sale of a controlled substance (Penal Law, art 220), on the grounds that his rights to due process, confrontation and compulsory process have been violated, and in the interests of justice.

The indictment arises out of two sales of heroin allegedly made by defendant to an undercover police officer on April 10, and 14, 1975. In the course of pretrial discovery, the Assistant District Attorney stated that a police informant was present at both alleged sales and that the People…