PEOPLE v. RODRIGUEZ


61 A.D.2d 918 (1978)

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

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

March 16, 1978


On September 30, 1974, defendant moved to dismiss the indictment alleging denial of his right to a speedy trial. This motion was granted to the extent of directing the trial court to conduct a factual hearing prior to trial to determine if there was an unreasonable delay in bringing this indictment to trial. No hearing was ever held and nothing was said respecting this outstanding ruling prior to or at trial. The matter is unanimously remanded to the trial court for a hearing...

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