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PEOPLE v. PESSOA

136 Misc.2d 148 (1987)

The People of the State of New York, Plaintiff, v. Merton A. Pessoa, Paul Pessoa and Tellran Williams, Defendants.

City Court of Mount Vernon, Westchester County.

June 29, 1987

Attorney(s) appearing for the Case

Guy Smererchnal for Merton A. Pessoa and another, defendants. Bernard Levy for Tellran Williams, defendant. Carl A. Vergari, District Attorney (Charles Rubenstein and Douglas Fitzmorris of counsel), for plaintiff.

ANTHONY A. SCARPINO, JR., J.

This case presents a novel issue regarding the applicability of CPL 30.30 (5) (c) for which the court finds no statutory or case authority. When determining the appropriate period within which the People must be ready for trial, is CPL 30.30 (5) (c) applicable where a defendant is originally charged with a felony (assault in the second degree) and the felony complaint is dismissed...

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