PEOPLE v. RODRIGUEZ


178 A.D.2d 174 (1991)

The People of the State of New York, Respondent, v. Dimas Rodriguez, Appellant

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

December 5, 1991


Defendant moved to dismiss the indictment pursuant to CPL 210.30, on the ground that the evidence before the grand jury was insufficient, in that the police officer had testified, and the laboratory report indicated, that defendant had possessed cocaine, whereas the prosecutor erroneously instructed the grand jury on possession of heroin. Defendant also moved to dismiss the indictment on speedy trial grounds, based solely on the fact that, due to the error in presenting...

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