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PEOPLE v. CALLENDER

112 Misc.2d 28 (1981)

The People of the State of New York, Respondent, v. Roger Anthony Callender, Appellant.

Supreme Court, Appellate Term, First Department.

December 15, 1981

Attorney(s) appearing for the Case

Julia Pamela Heit, P. C., for appellant. Robert M. Morgenthau, District Attorney (Vivian Berger and Susan Corkery of counsel), for respondent.

Concur: HUGHES, J. P., RICCOBONO and ASCH, JJ.

Per Curiam.

Judgment of conviction rendered May 12, 1980 is affirmed.

We agree with H. ALTMAN, J. (People v Callender, 101 Misc.2d 958), that the time which elapsed from arraignment to the conversion of a misdemeanor complaint to an information (CPL 170.65; 100.10, subd 4) should not be charged to the People in computing the delay in derogation of defendant's right to a speedy trial (CPL 30.30). Since a...

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