Ordered that the judgment is modified, on the facts, by vacating the conviction of burglary in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's contention that his trial counsel was ineffective for failing to move to dismiss the indictment on statutory speedy trial grounds is without merit. While the failure to make a meritorious speedy trial motion can constitute...
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