Judgment unanimously reversed and indictment dismissed.
Memorandum:
On May 26, 1970 defendant was indicted for robbery in the second degree and grand larceny in the third degree. He pleaded not guilty to these charges on May 28, 1970. At that time he was awaiting trial on a prior felony indictment on which he was convicted on September 17, 1970. He was sentenced to a term of two to seven years and was committed to Attica Correctional Facility. On December...
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