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PEOPLE v. DAY

139 Misc.2d 222 (1988)

The People of the State of New York, Plaintiff, v. James Day, Gilbert Ortiz and Thomas J. Murphy, Defendants.

Supreme Court, Kings County.

March 17, 1988

Attorney(s) appearing for the Case

Joel Winograd for James Day, defendant. Barry Agulnick for Gilbert Ortiz, defendant. Port & Port (Leon R. Port of counsel), for Thomas J. Murphy, defendant. Charles H. Hynes, Special Prosecutor (Dan A. Landis of counsel), for plaintiff.

FELICE K. SHEA, J.

The issue presented on this motion to dismiss an indictment pursuant to CPL 30.30 is whether or not the prosecutor has six months in which to announce readiness when an indictment containing a felony charge against one defendant and misdemeanors against other defendants is dismissed and then a superseding indictment is filed against only the defendants charged with misdemeanors.

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