Opinion
November 21, 1994
Appeal from the Supreme Court, Queens County (Beerman, J.).
Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant's speedy trial motion, and the appeal is held in abeyance in the interim. The Supreme Court is to file its report with all convenient speed.
The defendant, in this case, stands in the same position as his two codefendants, and consequently he, too, is entitled to a hearing on the speedy trial issue (see, People v. Robinson, 209 A.D.2d 648 [decided herewith]; People v. Staton, 209 A.D.2d 652 [decided herewith]). Bracken, J.P., Miller, Lawrence and Santucci, JJ., concur.