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PEOPLE v. RIVERA

78 A.D.2d 684 (1980)

The People of the State of New York, Appellant, v. Melvin Rivera and Maria Vega, Respondents

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

October 20, 1980

Order reversed, on the law, motion denied and indictment reinstated, without prejudice to renewal of the motion upon compliance with CPL 210.45, and if new facts are alleged.

A motion pursuant to CPL 210.20 to dismiss an indictment for failure to grant defendant a speedy trial must be made in writing (CPL 210.45; People v Weinberg, 59 A.D.2d 727). Had we reached the merits we would have denied...

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