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Appellate Division, 3rd Department Case Summaries: February 25, 2008

Appellate Division, Third Department

Criminal Procedure

Indictment -- Delay

People v. Striplin

100015

Appealed from County Court,

Chemung County

Background: The defendant was convicted of promoting prison contraband for possessing sharpened metal. He contends the indictment must be dismissed as it does not contain the signature of the grand jury foreperson as required under CPL 200.50(8). A further claim is advanced that the nine-and-a-half-month delay in bringing the indictment was a violation of due process.

Ruling: Although the defendant's contention is unpreserved, the court notes that the grand jury foreperson signed the backer accompanying the indictment, which satisfies the ...

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