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PEOPLE v. SMITH

188 Misc.2d 356 (2001)

727 N.Y.S.2d 602

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. WAYNE T. SMITH, JR., Defendant.

County Court, Cattaraugus County.

May 31, 2001.

Attorney(s) appearing for the Case

Sebastian P. Graffeo, Buffalo, for defendant.

Edward M. Sharkey, District Attorney of Cattaraugus County, for plaintiff.

OPINION OF THE COURT

LARRY M. HIMELEIN, J.

Defendant has been indicted for burglary in the third degree (Penal Law § 140.20), grand larceny in the fourth degree (Penal Law § 155.30 [1]) and criminal mischief in the fourth degree (Penal Law § 145.00 [1]). On March 20, 2001, defendant moved to dismiss pursuant to CPL 30.30 alleging that (1) accusatory instruments were filed on October 3, 1998; (2...

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