PEOPLE v. CRUZ

2015-07976, Ind. No. 14-00154.

144 A.D.3d 937 (2016)

2016 NY Slip Op 07673

41 N.Y.S.3d 525

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DANIEL CRUZ, Respondent.

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

Decided November 16, 2016.


Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's omnibus motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the County Court, Rockland County, for further proceedings.

The defendant was charged with two counts each of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance...

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