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  5. 67 N.Y.2d 236 (1986)
 

PEOPLE v. SINISTAJ

67 N.Y.2d 236 (1986)

The People of the State of New York, Appellant, v. Frank Sinistaj, Respondent.

Court of Appeals of the State of New York.

Decided April 3, 1986.

Attorney(s) appearing for the Case

Mario Merola, District Attorney (Roger L. Stavis and Steven R. Kartagener of counsel), for appellant.

Walter L. Rich for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE and TITONE concur with Judge HANCOCK, JR.; Judge ALEXANDER dissents and votes to affirm in a separate opinion.

HANCOCK, JR., J.

Under this court's decisions in People v Lomax (50 N.Y.2d 351) and People v Osgood (52 N.Y.2d 37), an indictment which replaces an earlier one in the same criminal action should be related back to the original accusatory instrument for the purpose of determining the commencement of the six-month readiness period...

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