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PEOPLE v. BRYANT

65 A.D.2d 333 (1978)

The People of the State of New York, Appellant, v. William Bryant, Respondent

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

December 29, 1978

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Gerald D. Reilly and Anthony J. Servino of counsel), for appellant.

Stephen J. Pittari (Robert W. Stieve of counsel), for respondent.

MARTUSCELLO, J. P., and HAWKINS, J., concur with RABIN, J.; TITONE, J., dissents and votes to affirm the order, with an opinion.

RABIN, J.

This is an appeal from an order of the County Court, Westchester County (MARTIN, J.), dated April 24, 1978, which dismissed the indictment. The order should be reversed and the indictment reinstated.

The issue on appeal is whether a preindictment delay of almost seven months between the date of the alleged criminal transactions and the commencement of the criminal proceeding so violated the...

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