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PEOPLE v. ESPINOSA

170 A.D.2d 309 (1991)

The People of the State of New York, Respondent, v. Ramon Espinosa, Appellant

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

February 19, 1991

Defendant's motion to dismiss the indictment pursuant to CPL 30.30 was properly denied. At least 35 of the 213 days between defendant's arraignment on the felony complaint (People v Lomax, 50 N.Y.2d 351) and the prosecutor's in-court declaration of readiness were excludable. The 28 day period between April 24 and May 22 is excludable under CPL 30.30 (4) (c), as defendant was the subject of a stayed bench warrant at that time. The...

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