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PEOPLE v. MICCIO

129 A.D.2d 741 (1987)

The People of the State of New York, Respondent, v. Anthony Miccio, Appellant

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

April 20, 1987

Ordered that the judgment is affirmed.

The court did not err in denying the defendant's motion to dismiss the indictment pursuant to CPL 30.30, as the People met their burden of proving, at a hearing at which both sides were represented, that less than six months of pretrial delay was chargeable to them (see, People v Berkowitz, 50 N.Y.2d 333).

Viewing the evidence in the light most favorable to the People...

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