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PEOPLE v. GAUSE

286 A.D.2d 557 (2001)

729 N.Y.S.2d 801

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUSSELL GAUSE, Appellant.

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

Decided August 30, 2001.

Peters, J.

After an arrest on November 20, 1998, defendant was indicted for criminal possession of marihuana in the second degree in violation of Penal Law § 221.25. Pretrial motions included a defense motion to dismiss the indictment on speedy trial grounds. County Court (Breslin, J.) denied such motion without a hearing, concluding that the action was commenced upon the arraignment in local criminal court on November 21, 1998 and the People timely declared...

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