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PEOPLE v. JOSEPH P.

106 Misc.2d 1075 (1980)

The People of the State of New York, Plaintiff, v. Joseph P. and Donald B., Defendants.

Justice Court of Town of Greenburgh, Westchester County.

October 22, 1980

Attorney(s) appearing for the Case

Harris L. Kimball for Joseph P., defendant. Joseph F. Longo for Donald B., defendant. Carl A. Vergari, District Attorney, for plaintiff.

ASCHER KATZ, J.

By two separate motions, each defendant moves to dismiss the informations in the interest of justice pursuant to CPL 170.40. The motions were preliminarily granted to the extent of directing a Clayton hearing (People v Clayton, 41 A.D.2d 204).

On February 24, 1978 at about 4:30 P.M., defendants were apprehended by members of the New...

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