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PEOPLE v. CRUZ

123 Misc.2d 316 (1984)

The People of the State of New York, Plaintiff, v. Andre Cruz, Defendant.

Supreme Court, Trial Term, New York County.

February 14, 1984

Attorney(s) appearing for the Case

Caesar Cirigliano and Oscar Finkle for defendant. Robert M. Morgenthau, District Attorney (Brian L. Smith of counsel), for plaintiff.

NORMAN C. RYP, J.

FULCRUM ISSUE — ABSENT INDICTMENT

EQUAL TO ABSENT DEFENDANT?

Whether excludable time, under CPL 30.30 (subd 4), upon an original indictment necessarily carries over in favor of the People upon filing a superseding indictment?

No, unless the excludable ground(s) delay(s), impede(s), or prevent(s) the filing of the superseding indictment, in first application of People v Colon (

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