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PEOPLE v. MARINACCIO

90 Misc.2d 128 (1977)

The People of the State of New York, Plaintiff, v. Robert Marinaccio, Defendant.

Supreme Court, Trial Term, Bronx County.

April 26, 1977

Attorney(s) appearing for the Case

Evseroff & Sonenshine (Bennett M. Epstein of counsel), for defendant. Mario Merola, District Attorney (Kathleen Alberton of counsel), for plaintiff.

JOEL J. TYLER, J.

Defendant belatedly moves on the eve of trial to dismiss the indictment, charging 18 counts of criminal contempt in the first degree (Penal Law, § 215.51). There appears no legal impediment to the consideration of this motion now (CPL 210.20, subd 2). I am satisfied with the explanation given for the delay in moving sooner. Further, a consideration of this motion now may foreclose an unnecessary...

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