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People v. Winston

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1990
159 A.D.2d 531 (N.Y. App. Div. 1990)

Opinion

March 5, 1990

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


Ordered that the order is affirmed.

Although the defendant was chargeable with the delay caused by his refusal to provide a court-ordered voice exemplar, we find that the People are still chargeable with 135 days of prereadiness delay and 55 days of postreadiness delay. This 190-day delay violated the defendant's statutory right to a speedy trial (CPL 30.30 [a]). Accordingly we affirm for the reasons stated in the People's companion appeal of the dismissals of the codefendants' indictments (People v Bryant, 153 A.D.2d 636). Mangano, J.P., Kunzeman, Eiber and Harwood, JJ., concur.


Summaries of

People v. Winston

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1990
159 A.D.2d 531 (N.Y. App. Div. 1990)
Case details for

People v. Winston

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JEAN WINSTON, Respondent

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

Date published: Mar 5, 1990

Citations

159 A.D.2d 531 (N.Y. App. Div. 1990)