People v. Ramirez

128 A.D.2d 561, 512 N.Y.S.2d 354, 1987 N.Y. App. Div. LEXIS 44252

Opinion

Appeal by the People from so much of an order of the Supreme Court, Queens County (Rotker, J.), dated September 10, 1985, as dismissed counts 1 and 2 of indictment No. 2027/85, which charged the defendant with criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.

Ordered that the order is reversed insofar as appealed from, on the law, and counts 1 and 2 of the indictment are reinstated.

The evidence presented before the Grand Jury was legally sufficient to establish that the defendant knowingly and unlawfully sold cocaine to another (see, Penal Law § 220.39), and that he knowingly and unlawfully possessed a quantity of cocaine, with the intent to sell the same (see, Penal Law § 220.16). Accordingly, Criminal Term erred in dismissing counts 1 and 2 of the indictment. Mollen, P. J., Weinstein, Eiber and Sullivan, JJ., concur.