PEOPLE v. VIZZARI


160 A.D.2d 611 (1990)

The People of the State of New York, Respondent, v. Gino Vizzari, Appellant

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

April 24, 1990


Defendant was convicted of selling several pills to an undercover officer. Prior to trial defendant moved to dismiss the indictment based on the alleged failure of the People to comply with CPL 30.30 (1) (a). After the motion was denied, counsel submitted a supplemental affirmation alleging new facts, and claiming that the People did not establish "due diligence" under CPL 30.30 (4) (c). Before the People responded, the court denied the second application.

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