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People v. Cozzani

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 10, 2009

THE PEOPLE, ETC., APPELLANT,
v.
HENRY COZZANI, RESPONDENT.

Appeal by the People from an order of the County Court, Suffolk County (Kahn, J.), dated October 29, 2007, which granted the defendant's motion to dismiss the indictment pursuant to CPL 210.20(1)(g) and CPL 30.30(1)(a).

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., DANIEL D. ANGIOLILLO, EDWARD D. CARNI and RANDALL T. ENG, JJ.

(Ind. No. 2028-07)

DECISION & ORDER

ORDERED that the order is affirmed.

Contrary to the prosecution's contention, the County Court properly granted the defendant's motion to dismiss the indictment on speedy trial grounds (see People v Price,AD3d [decided herewith]). We note that while the prosecution raised in its opposing papers the contention that CPL 30.30(3)(b) warranted the denial of the defendant's motion, that contention is without merit.

MASTRO, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

20090210

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