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PEOPLE v. FAGAN

101037

2008 NY Slip Op 06468

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY D. FAGAN, Appellant.

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

Decided July 31, 2008.

Attorney(s) appearing for the Case

Susan BetzJitomir, Bath, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Susan Rider-Ulacco of counsel), for respondent.

Before: Mercure, J.P., Rose, Kane, Malone Jr. and Kavanagh, JJ.

MEMORANDUM AND ORDER

ROSE, J.

Defendant was arrested and charged by felony complaint with the crime of criminal possession of a controlled substance. Rather than conduct a preliminary hearing, Elmira City Court in Chemung County released defendant on his own recognizance after the People indicated that they would not present any evidence relating to the charge. Defendant unsuccessfully moved for dismissal of the felony complaint for failure to complete the...

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