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PEOPLE v. VASQUEZ

79 A.D.2d 621 (1980)

The People of the State of New York, Respondent, v. Jose Vasquez, Appellant

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

December 1, 1980

Case remitted to the County Court, Westchester County, to hear and report on the branch of defendant's motion which sought to dismiss based upon preindictment delay, and appeal held in abeyance in the interim.

The County Court should proceed with all deliberate speed. It was error for the court to deny, without a hearing, defendant's pretrial motion to dismiss the indictment to the extent that such motion raised the issue...

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