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PEOPLE v. PENROSE

164 Misc.2d 960 (1995)

626 N.Y.S.2d 648

The People of the State of New York, Plaintiff, v. Shawn Penrose, Defendant.

County Court, Warren County.

February 21, 1995

Attorney(s) appearing for the Case

McPhillips, Fitzgerald & Meyer, Glens Falls (Joseph R. Brennan of counsel), for defendant. Sterling T. Goodspeed, District Attorney of Warren County, Lake George, for plaintiff.

G. THOMAS MOYNIHAN, JR., J.

The defendant has made an application dated January 30, 1995 seeking to dismiss the indictment filed against him by virtue of the refusal of the District Attorney's office to provide him with a preliminary hearing pursuant to CPL 180.10. The District Attorney has filed an affirmation in opposition dated February 6, 1995; in response thereto, defense counsel has filed a reply affidavit verified February 13, 1995. Finally, the...

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