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PEOPLE v. LOPEZ

77 A.D.2d 287 (1980)

The People of the State of New York, Respondent, v. Sixto Lopez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 13, 1980

Attorney(s) appearing for the Case

Shirley Werner of counsel (William E. Hellerstein, attorney), for appellant.

Dora L. Irizarry of counsel (Timothy H. McGinn, with her on the brief; Mario Merola, District Attorney, attorney), for respondent.

SULLIVAN, LUPIANO and LYNCH, JJ., concur with FEIN, J.; KUPFERMAN, J. P., concurs in the result only.

FEIN, J.

Sixto Lopez appeals from a judgment rendered May 4, 1979 convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree and sentencing him to an indeterminate term of four years to life. The issue is the denial of a speedy trial.

Lopez is alleged to have made two illegal sales of heroin on December 21 and 22, 1976, to undercover police then engaged

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