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PEOPLE v. COZZANI

59 A.D.3d 563 (2009)

872 N.Y.S.2d 282

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. HENRY COZZANI, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 10, 2009.

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 ___, 2009 NY Slip Op 01146 [2009] [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...

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