Judgment unanimously affirmed.
Memorandum:
Defendant moved to dismiss the indictment on the basis of an 18-month preindictment delay. The court denied the motion without a hearing. In its memorandum decision, the court wrote that defendant "has no constitutional right (absent arrest) to be indicted at his convenience." While that may be true, albeit irrelevant, it is obvious that the court misperceived the applicable law in denying defendant's motion solely...
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