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PEOPLE v. RODRIGUEZ

131 Misc.2d 864 (1986)

The People of the State of New York, Plaintiff, v. Abraham Rodriguez, Defendant.

Criminal Court of the City of New York, New York County.

April 15, 1986

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Vija Kemanis of counsel), for plaintiff. Caesar D. Cirigliano and Jeremy Orden for defendant.

ROGER S. HAYES, J.

The case presents the question whether a prosecutor who failed to declare readiness for trial until after the expiration of the applicable period required by CPL 30.30 may excuse his failure by a claim that he mistakenly relied on the court's erroneous calculations and the defendant's silence about the error when he consented to an adjournment date that fell outside the statutory period...

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