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PEOPLE v. ZIRPOLA

57 N.Y.2d 706 (1982)

The People of the State of New York, Respondent, v. Frederick J. Zirpola, Appellant.

Court of Appeals of the State of New York.

Decided September 3, 1982.

Attorney(s) appearing for the Case

Joseph R. Connelly and Rose H. Sconiers for appellant.

Richard J. Arcara, District Attorney (John J. De Franks of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI taking no part.

MEMORANDUM.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), the order of the Appellate Division should be modified and the case remitted to the County Court, Erie County, for a hearing on exceptional circumstances (CPL 30.30, subd 4, par [g]).

The "exceptional circumstances" which may justify a delay in prosecution are explicitly "not limited to" cases...

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