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PEOPLE v. GONZALEZ

435/10.

28 Misc.3d 941 (2010)

903 N.Y.S.2d 737

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LUIS GONZALEZ, Defendant.

Supreme Court, Bronx County.

Decided June 21, 2010.

Attorney(s) appearing for the Case

Legal Aid Society, Bronx ( Maxwell Gould of counsel), for defendant.

Robert T. Johnson , District Attorney, Bronx ( Jessica Bourbon of counsel), for plaintiff.

OPINION OF THE COURT

RALPH FABRIZIO, J.

In this omnibus motion, defendant moves, inter alia, to dismiss the first three counts of the superceding indictment. The gravamen of his claim is that the People's delay in presenting the superceding charges to the grand jury within the 45 days specified in the court's resubmission order requires that those charges be dismissed. For the reasons set forth below, the...

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