Opinion
November 15, 1985
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Boomer and Green, JJ.
Order unanimously affirmed. Memorandum: The indictment was properly dismissed as the People failed to show that any preindictment delay attributable to defendant impeded or prevented them from presenting the case to the Grand Jury (see, People v Meierdiercks, 111 A.D.2d 769; People v Klaus, 104 A.D.2d 566, 567-568; People v McCaffery, 78 A.D.2d 1003; People v Thill, 75 A.D.2d 709, 710, revd on other grounds 52 N.Y.2d 1020, on remand 81 A.D.2d 754, cert. denied 454 U.S. 829).