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PEOPLE v. MOLLETTE

87 Misc.2d 236 (1976)

The People of the State of New York, Plaintiff, v. Curtis Mollette and Leroy N. Barnes, Defendants.

Supreme Court, Trial Term, Bronx County.

March 22, 1976

Attorney(s) appearing for the Case

David Brietbart for Leroy Barnes, defendant. Robert Koppelman for Curtis Mollette, defendant. Mario Merola, District Attorney (Helen Johnson of counsel), for plaintiff.

IVAN WARNER, J.

This court is called upon to determine the constitutionality of CPL 30.30 (subd 3, par [a]).

Both defendants here have been indicted for the commission of the crimes of murder and possession of a weapon, dangerous instrument and appliance as a misdemeanor.

The relevant provisions of CPL 30.30 read as follows:

Subdivision 1: "Except as otherwise provided in subdivision...

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