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People v. Arthur

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1993
193 A.D.2d 813 (N.Y. App. Div. 1993)

Opinion

May 24, 1993

Appeal from the Supreme Court, Kings County (Grajales, J.).


Ordered that the judgment is reversed, on the law, the defendant's speedy trial motion is granted, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County for the purpose of entering an order in its discretion pursuant to CPL 160.50.

We agree with the defendant that the hearing court erred in denying his speedy trial motion brought pursuant to CPL 30.30. As the People concede, the court erred in excluding the 21 days from July 21, 1988, when the indictment was filed, to August 11, 1988, the scheduled date for the defendant's arraignment on the indictment, on the ground that the delay was reasonable (see, People v Cortes, 80 N.Y.2d 201; People v Correa, 77 N.Y.2d 930; People v Chapman, 185 A.D.2d 892). When this 21-day period is added to the 168 days which the court properly found to be chargeable to the People, the total number of days exceeded the six months within which the People were required to be ready for trial (see, CPL 30.30 [a]; see also, People v Bolden, 81 N.Y.2d 146). Accordingly, the defendant's speedy trial motion is granted and the indictment is dismissed.

In view of our determination, we do not reach the defendant's remaining contentions. Miller, J.P., O'Brien, Copertino and Joy, JJ., concur.


Summaries of

People v. Arthur

Appellate Division of the Supreme Court of New York, Second Department
May 24, 1993
193 A.D.2d 813 (N.Y. App. Div. 1993)
Case details for

People v. Arthur

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR F., Appellant

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

Date published: May 24, 1993

Citations

193 A.D.2d 813 (N.Y. App. Div. 1993)
598 N.Y.S.2d 996

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