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PEOPLE v. FANELLI

92 A.D.2d 573 (1983)

The People of the State of New York, Appellant, v. Michael Fanelli, Respondent

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

February 14, 1983

Order reversed, on the law, motion denied and indictment reinstated, without prejudice to the defendant to renew upon compliance with the provisions of CPL 210.45 (subd 1).

The motion to dismiss the indictment was made orally on the day before trial. A motion to dismiss an indictment must be made in writing and upon reasonable notice to the People (CPL 210.45, subd 1; People v Vega, 80 A.D.2d 867

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