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PEOPLE v. GUSHLAW

112 A.D.2d 792 (1985)

The People of the State of New York, Appellant, v. Randy Gushlaw, Respondent. (Appeal No. 1.)

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

July 12, 1985

Order unanimously affirmed.

Memorandum:

Although the court erred in granting defendant's motion to dismiss the indictment pursuant to CPL 30.30 without holding a hearing (see, People v Russo, 78 A.D.2d 557), the defect was cured when the court held a hearing on the People's motion to reargue. It was also error to charge the People with the 19 days during which they failed to furnish the minutes of the Grand...

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