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PEOPLE v. FUENTES

115 A.D.2d 351 (1985)

The People of the State of New York, Respondent, v. Antonio Fuentes, Appellant

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

November 15, 1985

Judgment unanimously reversed, on the law, motion granted and indictment dismissed.

Memorandum:

The indictment must be dismissed since the People failed to meet their burden of proving that the preindictment delay was consented to by defendant or was a result of conduct on the part of defendant or his counsel which impeded or prevented the presentation of the case to the Grand Jury (see, People v Sturgis, 38 N.Y.2d 625

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