PEOPLE v. SUAREZ


259 A.D.2d 640 (1999)

687 N.Y.S.2d 650

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFRAIN SUAREZ, Appellant.

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

Decided March 15, 1999.


Ordered that the judgment is modified, on the law, by vacating the sentences imposed on the convictions of robbery in the first degree and burglary in the first degree; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

Where, as here, a defendant moves to dismiss an indictment on the grounds specified in CPL 30.30 and makes a prima facie showing that the People exceeded...

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