Order reversed, on the law, motion denied, indictment reinstated and matter remitted to Criminal Term for an immediate trial.
In our opinion Criminal Term was correct in holding that all of the delay prior to May 13, 1977 is chargeable to defendant. However the court erred in failing to exclude from its computation of the delay after that date the periods of time attributable to adjournments granted at the request of, or upon the consent of, the defendant. When these...
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