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PEOPLE v. GRUDEN

42 N.Y.2d 214 (1977)

The People of the State of New York, Appellant, v. Joseph Gruden, Respondent. The People of the State of New York, Appellant, v. Donald Frazier, Respondent.

Court of Appeals of the State of New York.

Decided July 7, 1977.

Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney (Janet E. Cunard of counsel), for appellant.

Irving Nitzberg for Joseph Gruden, respondent.

Robert W. Stieve and Stephen J. Pittari for Donald Frazier, respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.

WACHTLER, J.

In each of these cases the defendants moved to dismiss the indictment on speedy trial grounds, claiming that the People were not ready for trial within six months of the commencement of the criminal action (CPL 30.30, subd 1, par [a]). The People did not dispute the facts alleged in the defendants' motion papers. Instead they consented to a hearing.

CPL 210.45 (subd 4, par [c]) provides that...

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