PEOPLE v. KENNEDY


127 Misc.2d 712 (1985)

The People of the State of New York, Plaintiff, v. William T. Kennedy, Defendant. The People of the State of New York, Plaintiff, v. Luis A. Lopez, Defendant.

County Court, Monroe County.

March 14, 1985


Attorney(s) appearing for the Case

Howard R. Relin, District Attorney (Daniel J. Mastrella of counsel), for plaintiff. Edward J. Nowak, Public Defender (Vincent Rizzo of counsel), for William T. Kennedy, defendant. Edward J. Nowak, Public Defender (Robert Smith of counsel), for Luis A. Lopez, defendant.


FRANCIS A. AFFRONTI, J.

Each of the above-named defendants is accused by separate indictments, of criminal sale of a controlled substance in the third degree, in violation of Penal Law § 220.39 (1). By notice of motion, the defendants, among other requested relief, seek an order dismissing the indictments, upon the grounds that the evidence presented before the Grand Jury was not legally sufficient to establish the offenses charged or any lesser...

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