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PEOPLE v. BACOTE

143 Misc.2d 535 (1989)

The People of the State of New York, Plaintiff, v. Calvin Bacote, Milton Williams and Edward Gulston, Defendants.

Supreme Court, Kings County.

April 13, 1989

Attorney(s) appearing for the Case

Martin Marshak for Calvin Bacote, defendant. Jesse Barab for Milton Williams, defendant. Robert Baum for Edward Gulston, defendant. Elizabeth Holtzman, District Attorney (Jay Goldberg of counsel), for plaintiff.

JAMES G. STARKEY, J.

Each defendant is charged with two counts of criminal possession of a controlled substance in the third degree and each has moved for dismissal of the indictment, pursuant to CPL 210.30, 210.35 (5); and 190.25 (6), on the ground that the District Attorney did not properly instruct the Grand Jury as to the applicable law. After due consideration, the motions must be granted.

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