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PEOPLE v. McSHAW

124 A.D.2d 829 (1986)

The People of the State of New York, Respondent, v. Alvin McShaw, Appellant

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

November 24, 1986

Ordered that the judgment is affirmed.

The hearing court properly denied the defendant's motion to dismiss the indictment for failure to provide a speedy trial. The People were entitled to rely on their general policy not to indict fugitive defendants and the period of the defendant's absence was properly excluded from the six-month period contained in CPL 30.30 (see, People v Leone, 105 A.D.2d 757, affd

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