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  5. 50 N.Y.2d 413 (1980)
 

PEOPLE v. BROS.

50 N.Y.2d 413 (1980)

The People of the State of New York, Respondent, v. Melvin Brothers, Also Known as Arthur Every Regan, Appellant.

Court of Appeals of the State of New York.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Anna M. Perry and John F. Middlemiss, Jr., for appellant.

Patrick Henry, District Attorney (Gabrielle Weglein and Maureen S. Hoerger of counsel), for respondent.

Chief Judge COOKE and Judges GABRIELLI, WACHTLER, FUCHSBERG and MEYER concur with Judge JONES; Judge JASEN dissents and votes to affirm in a separate opinion.

JONES, J.

Inasmuch as CPL 30.30 accords a defendant the right to dismissal of his indictment "where the people are not ready for trial" within the period prescribed by the statute rather than according him a legislatively created right to a speedy trial, court congestion does not excuse the People's failure to be ready for trial or defeat defendant's entitlement to a dismissal under CPL 30.30.

Defendant...

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