PEOPLE v. DE PILLO


168 A.D.2d 899 (1990)

The People of the State of New York, Respondent, v. Robert De Pillo, Appellant

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

December 21, 1990


Judgment unanimously affirmed.

Memorandum:

Defendant contends that his conviction for criminal possession of a controlled substance in the seventh degree, a class A misdemeanor, should be reversed because the indictment was filed more than two years after commission of the crime (see, CPL 30.10 [2] [c]). By failing to submit a written motion to dismiss the indictment within 45 days after arraignment, defendant waived his right to a determination of...

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