Order reversed, on the law, and motion to dismiss the indictment denied. CPL 1.20 (subd 17) and CPL 100.05 both provide that a criminal action is commenced by the filing of an accusatory instrument with a criminal court, and CPL 30.30 (subd 1, par [a]) requires the People to be ready for trial within six months "of the commencement of a criminal action".
However those sections do not apply to a case in which, as here, there has been no holding of the defendant by...
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