Defendant contends that the trial court should have granted his motion to dismiss the felony charge of arson in the fourth degree on the ground that there was a failure to comply with CPL 30.30. The present posture of the record leaves this issue unresolved. CPL 30.30 (subd 5, par [a]) provides that where a defendant is to be retried following a mistrial, the six-month period commences to run from the date when the order occasioning the retrial becomes final. We, therefore...
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