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PEOPLE v. CLARY

52 N.Y.2d 1023 (1981)

The People of the State of New York, Appellant, v. Dennis Clary, Respondent.

Court of Appeals of the State of New York.

Decided February 24, 1981.

Attorney(s) appearing for the Case

Lawrence T. Kurlander, District Attorney (David Pogue and Irene K. Dymkar of counsel), for appellant.

Edward J. Nowak, Public Defender, for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and the case remitted to that court for a review of the facts.

By his plea of guilty, defendant waived any right to a dismissal resulting from the alleged failure of the People to be ready for trial in conformity with the time limitations of CPL 30.30 (subd 1, par [a]) (People v Friscia, 51 N.Y.2d 845; see...

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