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PEOPLE v. TORO

151 A.D.2d 142 (1989)

The People of the State of New York, Appellant, v. Alex Toro, Respondent

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

October 31, 1989

Attorney(s) appearing for the Case

Carol A. Remer-Smith of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Carol Grumbach of counsel (Philip L. Weinstein, attorney), for appellant.

KUPFERMAN, J. P., ROSS, KASSAL and ELLERIN, JJ., concur.

RUBIN, J.

Defendant brought a motion to dismiss the indictment against him on the ground that his right to a speedy trial had been violated (CPL 30.30). At the hearing on the motion, the court found a total of 242 days includable pursuant to CPL 30.30 (4) (c). The Trial Judge charged the People with 49 days out of a period of 51 days from April 15 to June 5, 1986, during which time the record reflects that defendant...

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