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PEOPLE v. RODRIGUEZ

45 A.D.2d 41 (1974)

The People of the State of New York, Respondent, v. Fernando Rodriguez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

June 4, 1974.

Attorney(s) appearing for the Case

Carolyn Wheat of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Jeffrey Philip Sinensky of counsel (Mario Merola, District Attorney), for respondent.

NUNEZ, J. P., and MURPHY, J., concur with LYNCH, J.; LUPIANO, J., concurs in an opinion; KUPFERMAN, J., dissents in an opinion.

LYNCH, J.

The defendant was convicted after trial of criminally selling a dangerous drug in the third degree and criminal possession of a dangerous drug in the fourth degree. He had been indicted on June 14, 1971 and his case was moved for trial 15 months later, on September 11, 1972. In the interim he had been convicted of a crime in Puerto Rico and since November 26, 1971 had been serving his sentence in the...

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