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PEOPLE v. FULCHER

97 Misc.2d 239 (1978)

The People of the State of New York, Plaintiff, v. Leroy Fulcher, Defendant.

Criminal Court of the City of New York, New York County.

December 5, 1978

Attorney(s) appearing for the Case

Jethro M. Eisenstein for defendant. Robert M. Morgenthau, District Attorney (Steven Tekulsky of counsel), for plaintiff.

HERBERT ALTMAN, J.

The defendant has moved to dismiss the information against him on the ground that he has been denied his right to a speedy trial as provided for in CPL 30.30. The issue to be decided, which has not heretofore been decided by any court, is whether the granting by the Supreme Court of a motion by the People pursuant to CPL 180.40 returning a felony complaint to the Criminal Court is tantamount...

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