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PEOPLE v. ROSEBOROUGH

628 KA 10-01247.

118 A.D.3d 1347 (2014)

986 N.Y.S.2d 906

2014 NY Slip Op 4348

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN B. ROSEBOROUGH, Appellant.

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

Decided June 13, 2014.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of burglary in the third degree (Penal Law § 140.20). Contrary to defendant's contention, we conclude under the circumstances of this case that County Court (McCarthy, J.), properly denied that part of defendant's motion seeking dismissal of the indictment pursuant to CPL 30.30 (see People v Freeman...

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