Case remanded to the County Court for a hearing and a new determination on defendant's motion to dismiss the indictment upon the ground that there had been prejudicial preindictment delay, and appeal held in abeyance in the interim. The mere claim by the District Attorney of an ongoing narcotics investigation, and the need to protect the undercover police operative, is an insufficient basis upon which to deny, without a hearing, a motion to dismiss an indictment upon the...
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