PEOPLE v. BOYKIN


102 Misc.2d 381 (1979)

The People of the State of New York, Plaintiff, v. Darryl Boykin, Defendant.

Supreme Court, Criminal Term, New York County.

November 16, 1979.


Attorney(s) appearing for the Case

Joseph I. Stone for defendant. Robert M. Morgenthau, District Attorney (Sanford Gold of counsel), for plaintiff.


FREDERIC S. BERMAN, J.

The defendant is charged with the crime of criminal sale of a controlled substance in the third degree. This is a motion to dismiss the indictment upon the ground that the defendant has been denied his right to a speedy trial. (CPL 170.30, subd 1, par [d]; 210.20, subd 1, par [g].)

The issue is, where a felony complaint is dismissed in the Criminal Court, and subsequently an indictment is filed with the Supreme Court, does...

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