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PEOPLE v. GARCIA

145 Misc.2d 269 (1989)

The People of the State of New York, Plaintiff, v. Jose Garcia, Wilson Castillo, Carmen Lugo and Maria Lugo, Defendants.

Supreme Court, Kings County.

August 3, 1989

Attorney(s) appearing for the Case

John Murphy for Wilson Castillo, defendant. John Monteleone for Jose Garcia, defendant. Salvatore Canonico for Carmen Lugo, defendant. Abraham Nathanson for Maria Lugo, defendant. Elizabeth Holtzman, District Attorney (Samuel Goldberg of counsel), for plaintiff.

MICHAEL C. CURCI, J.

The defendant Wilson Castillo has made a motion to dismiss the indictment pursuant to the CPL, the Constitution and the case law of this State. The defendant Wilson Castillo contends that the indictment be dismissed on the ground that this indictment is defective, pursuant to CPL 190.75 (1) and (3), in that it represents a third submission to the Grand Jury.

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