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PEOPLE v. BANTUM

133 A.D.2d 699 (1987)

The People of the State of New York, Respondent, v. Kevin Bantum, Appellant

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

October 13, 1987

Ordered that the judgment is affirmed.

The hearing court did not err in denying the defendant's motion to dismiss the indictment under CPL 30.30, inasmuch as the period between the filing of the complaint and the filing of the second indictment is not automatically chargeable to the People, even though the first indictment was dismissed based upon an alleged jurisdictional defect (see, People v Kopciowski, 68 N.Y.2d 615

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