Case held, decision reserved and matter remitted to Niagara County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant's motion to dismiss the indictment (see, CPL 30.30 [1] [a]) without conducting a hearing. The criminal proceeding commenced with the filing of the felony information on January 30, 1992 (see, CPL 1.20 [16]). In her moving papers, defendant alleged an unexcused delay of over 13 months...
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