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PEOPLE v. RUCKER

144 A.D.2d 994 (1988)

The People of the State of New York, Appellant, v. Doyle L. Rucker, Respondent

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

November 15, 1988

Order unanimously reversed on the law, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.

Memorandum:

On this record, it has not been demonstrated that there are sufficient "compelling" factors to warrant dismissal of the indictment (CPL 210.40 [1]; People v Rickert, 58 N.Y.2d 122; People v Clayton, 41 A.D.2d 204)....

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