Ordered that the case is remitted to the Supreme Court, Kings County, to hear and report on the defendant's motion to dismiss the indictment on the ground that he was deprived of his right to a speedy trial (see, CPL 30.20, 30.30), and the appeal is held in abeyance in the interim. The Supreme Court is to file its report with all convenient speed.
It was error for the court to deny as moot the defendant's motion to dismiss the indictment on the ground that...
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