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PEOPLE v. RIVERA

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

Mar 17, 2000

Judgment

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DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to provide the People with reasonable notice of his motion to dismiss the indictment (see, CPL 30.30 Crim. Proc.; CPL 210.45 Crim. Proc.[1]; People v. Lawrence, 64 N.Y.2d 200, 203; People v. Baxter, 216 A.D.2d 931; People v. Harvall, 196 A.D.2d 553, 554). In any event, we find that the Supreme Court properly denied the defendant's motion to dismiss the indictment pursuant to CPL 30.30 Crim. Proc. (see, People v. Stirrup, 91 N.Y.2d 434; People v. Harris, 82 N.Y.2d 409).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

MANGANO, P.J., BRACKEN, LUCIANO, and SMITH, JJ., concur.