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PEOPLE v. LABOUNTY

104 A.D.2d 202 (1984)

The People of the State of New York, Appellant, v. Mark LaBounty, Respondent

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

December 14, 1984

Attorney(s) appearing for the Case

Richard J. Arcara, District Attorney (Jo Faber of counsel), for appellant.

Rose H. Sconiers (Charles Halvorsen of counsel), for respondent.

DOERR, DENMAN, BOOMER and O'DONNELL, JJ., concur.

HANCOCK, JR., J. P.

Because the People were not ready for trial within six months of the commencement of the criminal action as required by CPL 30.30, Supreme Court has dismissed a felony indictment charging defendant with two counts of rape, first degree, and one count of unlawful imprisonment. In the People's appeal the central question is whether the 9½-month delay from November 17, 1982, when the felony complaint was filed, until August 31, 1983...

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