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PEOPLE v. CARTER

73 Misc.2d 1021 (1973)

The People of the State of New York, Plaintiff, v. Maurice Carter, Also Known as Philip Carter, Defendant.

Supreme Court, Centralized Special Narcotics Parts, New York County.

April 20, 1973

Attorney(s) appearing for the Case

Robert Kasanoff and Ivan Goldart for defendant. Frank J. Rogers, Special Assistant District Attorney (Richard Di Benedetto of counsel), for plaintiff.

SAMUEL A. SPIEGEL, J.

This motion is made to dismiss the indictment on the ground that undue delay herein constitutes a deprivation of defendant's right to a fair trial.

On February 11, 1971, "Maurice" Carter was arrested for the sale of heroin to a minor, Michael Walsh. This charge was dismissed without prejudice to the People, in the Criminal Court, on March 16, 1971. Defendant was indicted by the Grand Jury in Kings County on August 16, 1971...

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