PEOPLE v. RUSSO


78 A.D.2d 557 (1980)

The People of the State of New York, Appellant, v. Nicholas Russo, Respondent

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

September 29, 1980


Order reversed, on the law and the facts, and matter remitted to the County Court for a hearing and new determination on defendant's motion to dismiss, with special attention to be given to the periods of delay from August 9, 1979 to October 9, 1979 and December 10, 1979 to January 7, 1980.

As respects the period from August 9, 1979 to October 9, 1979, the People assert, but do not substantiate, that they made diligent efforts to locate the defendant during this time...

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