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PEOPLE v. CAUSSADE

162 A.D.2d 4 (1990)

The People of the State of New York, Appellant, v. Edward Caussade and Luis Orengo, Respondents

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

September 17, 1990

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney (Barbara D. Underwood, Leonard Joblove, Kimberly S. Penner and Peter A. Weinstein of counsel), for appellant.

Ronald Rubinstein for Edward Caussade, respondent, and Irwin G. Klein for Luis Orengo, respondent. (One brief filed.)

BALLETTA and MILLER, JJ., concur with SULLIVAN, J. P.; HARWOOD, J., dissents in a separate opinion.

SULLIVAN, J. P.

In this case, we are called upon to determine what is meant by the phrase "ready for trial" as used in CPL 30.30, and more specifically, whether a delay by the prosecution in complying with discovery demands will serve to vitiate an otherwise valid statement of readiness.

In an order dated April 7, 1988, the Supreme Court, Kings County, determined that the People had announced their readiness...

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