PEOPLE v. PRIMUS


232 A.D.2d 194 (1996)

648 N.Y.S.2d 15

The People of the State of New York, Respondent, v. Derek Primus, Appellant

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

October 3, 1996


Defendant's motion to dismiss the indictment was properly denied. Defendant did not specify which provision of the Criminal Procedure Law he was proceeding under when he moved to dismiss the indictment, and thus, he has not preserved the issue for review (People v Brown, 81 N.Y.2d 798). Moreover, the motion was not made in writing and upon reasonable notice to the People (CPL 210.45 [1]; People v Fanelli,

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