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PEOPLE v. RUISE

103586.

86 A.D.3d 722 (2011)

926 N.Y.S.2d 754

2011 NY Slip Op 5903

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK E. RUISE, Appellant.

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

Decided July 14, 2011.

GARRY, J.

In April 2007, defendant sold cocaine to a confidential informant. In June 2008, based upon this sale, he was indicted for criminal sale of a controlled substance in the third degree, and was arrested and incarcerated shortly thereafter. Defendant moved to dismiss the indictment on due process grounds, based upon the delay of more than 13 months between the drug sale and his indictment. County Court denied the motion without a hearing. Defendant ultimately...

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