PEOPLE v. LUGO


62 A.D.2d 1024 (1978)

The People of the State of New York, Respondent, v. Frank Lugo, Appellant

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

April 10, 1978


Judgment reversed, on the law and as a matter of discretion in the interests of justice, and new trial ordered.

The trial court properly denied defendant's motion to dismiss the indictment because of the 18-month delay between the alleged drug sale and the arrest. However, other errors require a reversal and a new trial. Defense counsel, in a demand for a bill of particulars, requested the prosecution to inform him of any statements that might have been made by the...

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