PEOPLE v. JONES


204 A.D.2d 659 (1994)

614 N.Y.S.2d 222

The People of the State of New York, Respondent, v. Michael Jones, Appellant

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

May 23, 1994


Ordered that the judgment is affirmed.

A motion to dismiss an indictment must normally be made within 45 days after arraignment. Such a motion can also be made at any time prior to sentencing upon a showing of good cause for the delay (CPL 210.20, 255.20 [1], [3]). In the case at bar, the defendant learned prior to commencement of jury selection of the allegedly perjured testimony by one of the witnesses before the Grand Jury. Since he did not timely move to dismiss...

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