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PEOPLE v. SMOOT

112 Misc.2d 877 (1981)

The People of the State of New York, Plaintiff, v. Paul Smoot, Defendant.

Supreme Court, Criminal Term, Kings County.

May 8, 1981

Attorney(s) appearing for the Case

Caesar Cirigliano and Carolyn Klaiman for defendant. Eugene Gold, District Attorney (Joseph Generelli of counsel), for plaintiff.

NICHOLAS A. CLEMENTE, J.

The defendant moves to dismiss the indictment herein, premising his motion upon speedy trial grounds (CPL 30.30, subd 1, par [a]).

The defendant is accused of two counts of burglary in the second degree, one count of criminal possession of a weapon in the second degree, and two counts of menacing. The substance of the charges is that on April 6, 1980 the defendant and another, while armed with a loaded firearm, entered...

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