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PEOPLE v. GRUDEN

51 A.D.2d 782 (1976)

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

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

February 17, 1976

Order affirmed.

The unexplained delay of 16 months between the holding of the felony hearing and the return of the indictment constituted a denial of defendant's constitutional right to a speedy trial (see CPL 210.45, 210.20; People v Prosser, 309 N.Y. 353; Barker v Wingo, 407 U.S. 514). Since the facts are not denied by the People, a hearing would serve no purpose.

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