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PEOPLE v. MURPHY

154 Misc.2d 777 (1992)

The People of the State of New York, Respondent, v. John J. Murphy, Jr., Appellant.

County Court, Monroe County.

June 23, 1992

Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Yolanda Villa of counsel), for appellant. Howard R. Relin, District Attorney (Allan Cruikshank of counsel), for respondent.

WILLIAM H. BRISTOL, J.

When is a criminal action no longer "pending"? Specifically, when a defendant waives his right to a preliminary hearing followed by a local court referring the case to a Grand Jury, has the action lost its pendency? This is one of the issues on this appeal from a conviction of criminal contempt, second degree, and attempted assault, third degree.

The appellant, John J. Murphy...

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