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PEOPLE v. STURGIS

38 N.Y.2d 625 (1976)

The People of the State of New York, Respondent, v. Rita Roberta Sturgis, Appellant.

Court of Appeals of the State of New York.

Decided February 24, 1976.

Attorney(s) appearing for the Case

Alfred P. Kremer for appellant.

Jack B. Lazarus, District Attorney (Michael Nelson of counsel), for respondent.

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

MEMORANDUM.

The principle issue, on the motion for dismissal of the indictment upon the ground of denial of a speedy trial, is whether, in computing the six-months period specified in CPL 30.30 (subd 1, par [a]) a period of two and one-half months during which defendant was absent prior to indictment should have been excluded.

On April 2, 1973, a felony complaint was filed...

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