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PEOPLE v. CUNNINGHAM

102618.

86 A.D.3d 859 (2011)

927 N.Y.S.2d 485

2011 NY Slip Op 6041

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE CUNNINGHAM, Appellant.

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

Decided July 28, 2011.

KAVANAGH, J.

After defendant's motion to dismiss on the ground that the People had violated his statutory right to a speedy trial was denied (see CPL 30.30), he pleaded guilty to three charges contained in the indictment, including one count of criminal possession of a controlled substance in the third degree. Defendant was later determined to be a second felony drug offender who had been previously convicted of a...

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