People v. Forgione

Appeal from a judgment of the Supreme Court (Lamont, J.), rendered September 11, 2008 in Albany County, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree (three counts).

*1072Defendant was charged by indictment with three counts of criminal sale of a controlled substance in the fifth degree. During pretrial proceedings, Supreme Court denied defendant’s motion to dismiss the indictment on two grounds: first, that the grand jury proceedings were defective and, second, that the evidence before the grand jury was insufficient to…