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PEOPLE v. MAGAR

8 A.D.3d 689 (2004)

777 N.Y.S.2d 786

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHELLE J. MAGAR, Appellant.

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

June 3, 2004.

Mugglin, J.

On May 19, 2001, defendant, in the company of at least three other persons, broke into the apartment of Corey Simpson and assaulted him. Because the detective who investigated the case did not realize it was assigned to him, defendant was not indicted until April 4, 2002, a delay of 10 months and 16 days. In the interim, defendant, who was on parole for two prior unrelated convictions, was arrested pursuant to...

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