The appeal brings up for review the denial, without a hearing, of the defendant's motions to dismiss the indictment for failure to prosecute (see CPL 30.30, subd 1). Case remitted to Criminal Term for a hearing on the motions to dismiss (see CPL 30.30, 210.20, 210.45) and appeal held in abeyance in the interim. Criminal Term is to file its report with all convenient speed. It is undisputed that almost 15 months ensued between the filing of a complaint in the Criminal Court...
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