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People v. Luciere

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


February 10, 2009

THE PEOPLE, ETC., APPELLANT,
v.
ANDREW LUCIERE, 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.1984-07)

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]).

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

20090210

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