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PEOPLE v. McGRIFF

139 Misc.2d 361 (1988)

The People of the State of New York, Plaintiff, v. James McGriff, Defendant.

Criminal Court of the City of New York, New York County.

March 11, 1988

Attorney(s) appearing for the Case

Brian Kelly for defendant. Robert M. Morgenthau, District Attorney (Robert Scher of counsel), for plaintiff.

LAURA DRAGER, J.

The defendant stands accused of the crime of criminal sale of marihuana in the fourth degree (Penal Law § 221.40). He moves to dismiss the charge pursuant to CPL 30.30 on the ground that the People failed to file a laboratory report confirming the presence of marihuana within 90 days of the commencement of the action thereby denying defendant a speedy trial. (CPL 30.30 [1] [b].) The People...

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