PEOPLE v. CALDERON


91 A.D.2d 1054 (1983)

The People of the State of New York, Appellant, v. Jose Calderon, Carlos Moreno Escutary and Rogello Gonzalez, Respondents

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

January 24, 1983


Order reversed, on the law, motions to dismiss denied, without prejudice to renew, indictment reinstated, and matter remitted to Criminal Term for further proceedings.

The defendants' original speedy trial motions were denied by Justice Eiber by order dated November 13, 1980. We find that her decision considered all adjournments up to and including the date of the decision. Hence, it was error for a justice of co-ordinate jurisdiction to reconsider adjournments within...

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