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PEOPLE v. FIELDS

214 A.D.2d 332 (1995)

625 N.Y.S.2d 483

The People of the State of New York, Appellant, v. James Fields, Respondent

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

April 6, 1995

As the People failed to argue before the motion court that defendant's written CPL 30.30 motion did not set forth adequately specific allegations of fact to require a response, but rather addressed the motion on the merits, the People have waived any claim that the moving papers did not provide an adequate basis for response (see, People v Mezon, 80 N.Y.2d 155, 160). In any event, as defendant's written motion alleged more...

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