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PEOPLE v. KIRKLEY

295 A.D.2d 759 (2002)

745 N.Y.S.2d 81

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN KIRKLEY, Appellant.

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

Decided June 20, 2002.

Rose, J.

Relying on People v Townsend (270 A.D.2d 720), defendant contends that the one-year delay between his sale of cocaine to an undercover police officer on September 14, 1999 and his September 23, 2000 arrest on the indictment arising out of that sale deprived him of due process and that, therefore, County Court erred in denying his pretrial motion to dismiss the indictment...

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