PEOPLE v. GIARRATANO


62 A.D.2d 1042 (1978)

The People of the State of New York, Respondent, v. Timothy F. Giarratano, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 17, 1978


Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court for the purpose of entering an order in its discretion pursuant to CPL 160.50.

In the light of the uncontested proof that the testimony before the Grand Jury related solely to the sale of a controlled substance, cocaine, and that the substance involved was in fact lidocaine, which is not a controlled substance, it was error to accept a plea of guilty to the crime of criminal...

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