PEOPLE v. MILLER

2009-11779

83 A.D.3d 1097 (2011)

922 N.Y.S.2d 149

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DONALD MILLER, Respondent.

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

Decided April 26, 2011.


Ordered that the order is reversed, on the law, the indictment is reinstated, and the matter is remitted to the County Court, Nassau County, for a hearing in accordance herewith and thereafter for a new determination of the defendant's motion to dismiss the indictment.

On February 23, 2007, the defendant allegedly burglarized a commercial premises in Garden City. About 26 months later, in April 2009, the instant charge was presented to the Grand Jury, and the defendant...

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