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PEOPLE v. LESTER

78 A.D.2d 579 (1980)

The People of the State of New York, Respondent, v. Harold Lester, Appellant

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

September 26, 1980

Judgment unanimously reversed, on the law and facts, and indictment dismissed.

Memorandum:

Trial court's denial of defendant's motion for dismissal of his indictment pursuant to CPL 30.30 was error. It is uncontradicted that more than 11 months not attributable to defendant elapsed between the filing of the felony complaint on May 21, 1975 and the statement on the record by the People that they were ready for trial...

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