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PEOPLE v. HOSLER

143 Misc.2d 990 (1989)

The People of the State of New York, Plaintiff, v. Robert Hosler, Defendant. The People of the State of New York, Plaintiff, v. Brian Shaw, Defendant.

Supreme Court, Franklin County.

June 13, 1989

Attorney(s) appearing for the Case

Thomas H. McCann for Robert Hosler, defendant. Andrew G. Schrader for Brian Shaw, defendant. James P. Bessette, District Attorney, for plaintiff.

JAN H. PLUMADORE, J.

Both the above defendants move for release pursuant to CPL 190.80 inasmuch as they have each been held longer than 45 days without (readily apparent) Grand Jury action.

The People in opposition say that both defendants are well aware that the Grand Jury has "acted", having both been invited to attend on specific dates, and that all that remains is for a session of Supreme Court to be convened so that the

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