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PEOPLE EX REL. GOSS v. SMITH

116 A.D.2d 968 (1986)

The People of the State of New York ex rel. Kenneth Goss, Appellant, v. Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent

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

January 24, 1986

Judgment unanimously affirmed.

Memorandum:

Relator was convicted of attempted murder and related offenses. He claims that the indictment underlying these charges should have been dismissed pursuant to CPL 730.50 (4) once an order was issued directing the Commissioner of Mental Hygiene to release or civilly commit him. Relator, however, neither moved to dismiss the indictment on this ground (see, CPL 210.20...

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