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PEOPLE v. LUSH

234 A.D.2d 991 (1996)

652 N.Y.S.2d 188

The People of the State of New York, Respondent, v. David Lush, Appellant

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

December 30, 1996

Case held, decision reserved and matter remitted to Ontario County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant's motion to dismiss the indictment without first conducting a hearing to determine whether defendant was denied due process of law by preindictment delay (see, People v Lesiuk, 81 N.Y.2d 485, 490; People v Fuller, 57 N.Y...

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