We agree with the facts as set forth in the dissent but take issue with the characterization of the delays as arising, for convenience's sake, from the action or with the consent of the defendant. The diligence of the defendant and his attorney in appearing on June 28 and July 7 when the People were not ready to proceed did not impose a duty upon them to do what the prosecution had inadvertently failed to do, i.e., calendar the case. Any convenience to defense counsel which...
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