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PEOPLE v. SMITH

143 Misc.2d 100 (1989)

The People of the State of New York, Plaintiff, v. Denise Smith, Defendant.

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

March 17, 1989

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, for plaintiff. Nancy Ennis for defendant.

MICHAEL A. GARY, J.

This decision addresses the issue of whether the fact that a defendant was undergoing a court-ordered examination of her fitness to proceed pursuant to CPL article 730 constitutes good cause for the People's failure to dispose of the felony complaint or be ready to commence a hearing thereon by the return date when the defendant is found fit to proceed. (See, CPL 180.80.)

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