People v. Milton

Appeal by the People from so much of an order of the Supreme *1126Court, Kings County (Parker, J.), dated April 5, 2006, as granted that branch of the defendant’s motion which was to dismiss the first and second counts of the indictment.

Ordered that the order is affirmed insofar as appealed from.

The People presented evidence to a grand jury that on August 17, 2005 the defendant participated in the sale of crack cocaine to an undercover officer in a so-called buy-and-bust operation, and the defendant testified on his own behalf. After being charged on the law, the grand jury first reported that it…