Order unanimously reversed, indictment reinstated, and matter remitted to Erie County Court for further proceedings in accordance with memorandum.
Memorandum:
We find that the exercise of sound discretion required a hearing to determine whether the conduct of the defendant during the period from the issuance of the warrant to the time of his arrest constituted a waiver of his right to a speedy trial, as well as whether the conduct of the law enforcement agencies...
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