In December of 1974, the Grand Jury of Madison County indicted defendant for the crimes of criminal possession of a controlled substance in the second degree (Penal Law, § 220.18, subd 4), and in the third degree (Penal Law, § 220.16, subd 6). Upon his arraignment, defendant pleaded not guilty to both charges and subsequently moved, inter alia, to dismiss the indictment on the ground that the evidence before the Grand Jury was insufficient. Finding that the...
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