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MATTER OF ROMAN v. CLYNE

33 A.D.3d 1159 (2006)

822 N.Y.S.2d 471

In the Matter of LUIS ROMAN, Appellant, v. PAUL CLYNE, as Albany County District Attorney, et al., Respondents.

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

Decided October 26, 2006.

Mugglin, J.

Finding no proof that petitioner complied with the requirements of CPL 190.50 (5) (a), the County Court of Albany County denied his motion to dismiss the indictment. Dissatisfied with that decision, petitioner commenced this CPLR article 78 proceeding in which he sought an order compelling the dismissal of the indictment. Supreme Court dismissed the petition and petitioner appeals. While styled a petition for...

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