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PEOPLE v. HAMILTON

46 N.Y.2d 932 (1979)

The People of the State of New York, Respondent, v. James F. Hamilton, Appellant.

Court of Appeals of the State of New York.

Decided February 22, 1979.

Attorney(s) appearing for the Case

Dirk A. Galbraith for appellant.

Joseph Joch, District Attorney, for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion.

Per Curiam.

A delay of one year and 13 days occurred between November 13, 1975, the date the felony complaint was filed, and November 26, 1976, the date the People were ready for trial. Since this period exceeds six months, defendant's motion to dismiss the indictment on the ground of denial of a speedy trial must be granted (CPL 30.30, subd 1, par [a]) unless sufficient time is excludable to shorten the period of...

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