Defendant was indicted on August 26, 1981 for the crimes of offering a false instrument for filing in the first degree and petit larceny, based upon his unlawfully receiving food stamps between August 23 and October 31, 1979. Following arraignment on August 31, 1981, defendant promptly moved for dismissal of the indictment on the ground that the preindictment delay in prosecution violated his right to due process. The District Attorney submitted an affidavit in opposition...
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