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PEOPLE v. PERKINS

243 A.D.2d 404 (1997)

665 N.Y.S.2d 254

The People of the State of New York, Respondent, v. Michael Perkins, Appellant

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

October 30, 1997

Since defendant's motion to dismiss the indictment, alleging violation of the joinder requirement of CPL 40.40, was based on a completely different theory (see, 161 Misc.2d 502) from the theories raised for the first time on appeal, his current claims addressed to CPL 40.40 are unpreserved (see, People v Logan, 74 N.Y.2d 859; People v Gomez, 67 N.Y.2d 843...

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