PEOPLE v. GAMA


178 A.D.2d 173 (1991)

The People of the State of New York, Respondent, v. Raul Gama, Appellant

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

December 5, 1991


Defendant's motion to dismiss the indictment pursuant to CPL 30.30 was properly denied, since the 24-day period between December 21, 1987 and January 14, 1988 was excludable as an adjournment to which the defense consented (CPL 30.30 [4] [b]). In addition, contrary to defendant's appellate argument, the court was not required to conduct a hearing on the motion, since the minutes of the adjournments conclusively established the excludability of the disputed periods (CPL 210...

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