Defendant is charged with two counts of operating a motor vehicle while under the influence of alcohol (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]). He moves to dismiss the indictment, pursuant to CPL 30.30, on the ground that more than 90 days elapsed between the date of his arrest, and the date when a misdemeanor complaint charging the same offenses against...
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