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PEOPLE v. LOVE

255 A.D.2d 226 (1998)

682 N.Y.S.2d 4

The People of the State of New York, Respondent, v. Gilbert Love, Also Known as Norman Brown, Appellant

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

November 19, 1998

Although labeled as motions to dismiss the indictment on constitutional speedy trial grounds, neither defendant's pro se motion nor defense counsel's motion addressed the constitutional issues. Instead, defendant argued that the People had failed to exercise "due diligence" pursuant to CPL 30.30 in attempting to locate him. Having failed to allege, as he does now, that the trial court should have dismissed the indictment...

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