PEOPLE v. BATISTA


166 A.D.2d 278 (1990)

The People of the State of New York, Respondent, v. Jose Batista, Appellant

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

October 16, 1990


The only issues raised on appeal concern review of the rulings of two successive motion courts which denied defendant's motion to dismiss the indictment pursuant to CPL 30.30, and the purported excessiveness of defendant's sentence. Upon a review of the chronology of adjournments prior to trial, we do not agree with defendant that in excess of six months of nonexcludable time had elapsed, requiring dismissal (CPL 30.30 [1] [a]...

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