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PEOPLE v. JOHNSON

150 Misc.2d 1024 (1991)

The People of the State of New York, Plaintiff, v. Jermiah Johnson, Defendant.

Supreme Court, New York County.

April 2, 1991

Attorney(s) appearing for the Case

Robert Baum and Theodore Hecht for defendant. Robert M. Morgenthau, District Attorney (Michelle Middleton of counsel), for plaintiff.

HAROLD J. ROTHWAX, J.

The defendant herein, indicted for the crime of burglary (Penal Law § 140.25 [2]), moves to dismiss the indictment in the interest of justice (CPL 210.40); and under the Due Process Clauses of the Federal and State Constitutions (US Const 14th Amend; NY Const, art I, § 6). The court finds as follows, upon the pleadings.

On November 30, the defendant was arraigned on...

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