Justice Richard Meyer
Hardy moved for dismissal of an indictment charging him with criminal possession of marijuana stemming from allegations that he possessed five pounds of marijuana. The court stated a review of the grand jury proceedings revealed that evidence before the grand jury consisted of testimony of a City of Plattsburgh Police Department member who testified that a confidential informant possessed text messages from Hardy regarding availability of marijuana. It stated the evidence of text messages received by the confidential informant from Hardy constituted inadmissible evidence. The court further found inadmissible before the grand jury the officer’s testimony regarding his interpretations of these text messages. It also stated that the evidence of the location of Hardy’s residence was inadmissible hearsay. Evidence also consisted of the officer’s testimony describing execution of the search warrant and the recovery of ziploc bags of marijuana. Yet, the court stated the evidence was legally insufficient at the grand jury to establish a prima facie case of constructive possession. It noted prosecutors failed to prove the apartment was Hardy’s or his knowledge of the marijuana in the premises. It therefore granted dismissal of the motion.
