People v. Pfitzmayer

This is a motion by the defendant pursuant to CPL 240.20 in which he seeks an order dismissing the four founts of the indictment on the grounds that (1) the first count of the indictment is untimely under CPL 30.10 and (2) -'at the remaining three counts resulted from a Grand Jury proceeding which was defective within the meaning of CPL 210.35.

In the first count of the indictment the defendant is charged with official misconduct, a Class “ A ” misdemeanor, in violation of section 195.00 of the Penal Law committed during the month *740of April, 1970. Under the Code of Criminal Procedure which was…