Judgment affirmed, and the case is remitted to Criminal Term for further proceedings pursuant to CPL 460.50 (subd 5).
The hearing record established that defendant or his counsel requested a delay of approximately five and one-half months while defendant was awaiting a determination on his appeal from a prior judgment of conviction. Since that delay is not chargeable to the People (CPL 30.30, subd 4, par [e]) defendant's claim that he was deprived of his right to...
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