PEOPLE v. CHAN


81 A.D.2d 765 (1981)

The People of the State of New York, Appellant, v. Simon Chan, Respondent

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

May 7, 1981


The People appeal from a Trial Term order granting defendant's motion to dismiss the indictment on the ground of an alleged violation of his rights under CPL 30.30. The defendant was indicted for attempted murder in the second degree. While on bail, under circumstances not fully developed in this record, defendant was incarcerated in a New Hampshire prison to serve a term of 1½ years to 5 years. On May 5, 1980, defense counsel informed the court and the then assigned...

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