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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAY SIMMONS, Appellant.

Defendant contends that he was denied the effective assistance of counsel by the failure of defense counsel to timely move to dismiss the indictment pursuant to CPL 190.50 (5) (c). The failure to make such a motion, standing alone, is insufficient to establish that defendant was not given meaningful representation. Defendant's conclusory allegations of ineffectiveness do not compel a different result in this case. We have considered defendant's other contentions and find them to be without merit.

Mikoll, J.P., Mercure, Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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PEOPLE v. SIMMONS
(Mar 17, 1994)