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PEOPLE v. CAPPARELLI

68 A.D.2d 212 (1979)

The People of the State of New York, Appellant, v. William Capparelli and Albert Bernardez, Respondents

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

May 24, 1979

Attorney(s) appearing for the Case

David H. Steiner of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for appellant.

Jay Goldberg for William Capparelli, respondent.

Frank A. Lopez for Albert Bernardez, respondent.

FEIN, J. P., SULLIVAN, LANE and LUPIANO, JJ., concur.

ROSS, J.

The defendants were charged with nine counts of criminal sale and criminal possession of controlled substances in varying degrees (Penal Law, §§ 220.03, 220.16, 220.21, 220.39, 220.43). They moved, pursuant to CPL 210.20 (subd [g]) to dismiss the indictment returned against them on the ground that they had been denied a speedy trial. After a hearing the trial court granted the application...

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