PEOPLE v. JOHNSON

623 KA 17-01080.

174 A.D.3d 1510 (2019)

106 N.Y.S.3d 517

2019 NY Slip Op 05920

The People of the State of New York, Respondent, v. James Johnson, Jr., Appellant.

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

Decided July 31, 2019.


It is hereby ordered that the judgment so appealed from is unanimously reversed on the law, that part of the motion seeking to dismiss the superseding indictment pursuant to CPL 30.30 is granted, the superseding indictment is dismissed, and the matter is remitted to Supreme Court, Onondaga County, for proceedings pursuant to CPL 470.45.

Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of criminal possession of a controlled substance (CPCS...

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