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PEOPLE v. FORD

104 Misc.2d 458 (1980)

The People of the State of New York, Plaintiff, v. Clyde Ford, Defendant.

Criminal Court of the City of New York, Kings County.

June 2, 1980.

Attorney(s) appearing for the Case

Leon B. Polsky and Andrew Eibel for defendant. Eugene Gold, District Attorney (William Mallory and Jeanne Hammock of counsel), for plaintiff.

ALAN I. FRIESS, J.

The issue presented is whether a defendant may be granted an adjournment in contemplation of dismissal (ACD) under CPL 170.56, without the District Attorney's consent, where the defendant has been granted a prior ACD under CPL 170.55. The resolution of this issue requires an interpretation of "such" in CPL 170.56 (subd 1, par [a]), a construction heretofore unreported.

On March 19, 1979 this defendant was arrested for criminal...

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