PEOPLE v. MUCCIOLO


104 A.D.2d 905 (1984)

The People of the State of New York, Appellant, v. Joseph Mucciolo, Respondent

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

October 9, 1984


Order reversed, on the law and the facts, motion denied, indictment No. 3278/79 reinstated, and matter remitted to Criminal Term for further proceedings.

Upon defendant's motion to dismiss his indictment for failure to bring him to trial within six months pursuant to CPL 30.30 (subd 1, par [a]), Criminal Term ruled that the entire period from January 12, 1981, when the People purportedly learned of defendant's incarceration in Federal prison, until April 16, 1981...

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