PEOPLE v. BOYD


78 A.D.2d 543 (1980)

The People of the State of New York, Appellant, v. John Boyd, Respondent

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

September 22, 1980


Order reversed, on the law, motion denied, indictment reinstated and matter remitted to Criminal Term for an immediate disposition.

Criminal Term erred in not excluding the period from April 10, 1979 to September 27, 1979 from the computation of the six-month time period (see CPL 30.30, subd 4). If this period of time is excluded from the computation, it becomes apparent that the defendant's motion pursuant to CPL 30.30 (subd 1) should have been denied. Additionally...

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