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Supreme Court of the State of New York Appellate Division: Second Judicial Department

D21083 C/hu AD3d A. GAIL PRUDENTI, P.J. WILLIAM F. MASTRO STEVEN W. FISHER MARK C. DILLON, JJ. Argued - October 23, 2008

2007-09455 The People, etc., appellant, v Kenneth Fuina, respondent. (Ind. No. 06-01014)

DECISION & ORDER

Janet DiFiore, District Attorney, White Plains, N.Y. (Robert K. Sauer and Anthony J. Servino of counsel), for appellant. Murray Richman, Bronx, N.Y. (Jeffrey P. Chartier of counsel), for respondent. Appeal by the People from an order of the CountyCourt, Westchester County(Cohen, J.), entered October 2, 2007, which granted the defendant's motion to dismiss the indictment on speedy trial grounds. ORDERED that the order is affirmed. Under the particular circumstances of this case, the County Court correctly granted the defendant's motion to dismiss the indictment on speedy trial grounds. PRUDENTI, P.J., MASTRO, FISHER and DILLON, JJ., concur. ENTER: James Edward Pelzer Clerk of the Court November 18, 2008 PEOPLE v FUINA, KENNETH

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Peo v Fuina, Kenneth

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