People v. Martinez

*948OPINION OF THE COURT

Daniel K. Lalor, J.

Defendant is charged with promoting prison contraband in the first degree in violation of Penal Law § 205.25 (2), a class D felony, and unlawful possession of marihuana in violation of Penal Law § 221.05, a violation. Defendant submits an omnibus motion addressed to the indictment.

Preindictment Delay

The notice of motion states that defendant seeks dismissal on the ground that defendant’s due process rights have been denied because of preindictment delay. Inspection of the indictment and grand jury minutes shows that the alleged offense occurred on June…