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PEOPLE v. MENDEZ

125 Misc.2d 1011 (1984)

The People of the State of New York, Plaintiff, v. Luis Mendez, Juan Rivera and Julio Rivera, Defendants.

Supreme Court, Criminal Term, Kings County.

March 2, 1984

Attorney(s) appearing for the Case

Peter Lesh for Luis Mendez, defendant. Luis Davilla for Juan Rivera, defendant. Richard Busch for Julio Rivera, defendant. Elizabeth Holtzman, District Attorney (George Karl Rosenstock of counsel), for plaintiff.

MICHAEL A. CORRIERO, J.

The defendants Luis Mendez, Juan Rivera and Julio Rivera have been indicted for kidnapping in the second degree (2 counts) and assault in the second degree (3 counts) pursuant to sections 135.20 and 120.05 of the Penal Law, respectively.

They now move to dismiss the indictment pursuant to CPL 30.30 on the ground that the People were not ready for trial within six months of the commencement of the criminal action against...

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