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PEOPLE v. SCHWARTZ

54 A.D.2d 967 (1976)

The People of the State of New York, Respondent, v. Sanford Schwartz, Appellant

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

November 22, 1976

Case remitted to Criminal Term for a hearing and new determination on the branch of defendant's motion which sought to dismiss the indictment for failure to prosecute (see CPL 30.30, 210.20, 210.45), and appeal held in abeyance in the interim. It is undisputed that the indictment charges that defendant committed specified felonies on March 14 and 21, 1974, that the subject criminal action was not commenced until the filing of the...

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