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PEOPLE v. PILGRIM

49 A.D.3d 564 (2008)

851 N.Y.S.2d 883

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PILGRIM, Appellant.

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

Decided March 4, 2008.

Ordered that the judgment is affirmed.

The defendant's claim that the County Court should have dismissed the indictment pursuant to CPL 210.20 (1) (h) is unpreserved for appellate review because he failed to move for such relief in the County Court (see CPL 470.05 [2]; People v Garcia, 33 A.D.3d 1050 [2006]; see also People v Gathers, 280 A.D.2d 554 [2001]). Upon the exercise...

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