PEOPLE v. FOX


175 Misc.2d 333 (1997)

669 N.Y.S.2d 470

The People of the State of New York, Plaintiff, v. Kenneth Fox, Defendant.

County Court, Nassau County.

December 31, 1997


Attorney(s) appearing for the Case

Legal Aid Society of Nassau County, Hempstead (Matthew Muraskin and Nicholas J. Massimo of counsel), for defendant. Denis E. Dillon, District Attorney of Nassau County, Mineola (Daniel Millman of counsel), for plaintiff.


FRANK A. GULOTTA, JR., J.

The defendant, through his attorney, moves this court to dismiss the indictment against him herein or, in the alternative, for an order requiring the People to present its case to a new Grand Jury in the event that the defendant is found competent at a later time.

The defendant predicates his motion upon his counsel's arguments that CPL 730.40 (3), which allows the People to...

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