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PEOPLE v. JOHNSON

209 A.D.2d 986 (1994)

619 N.Y.S.2d 452

The People of the State of New York, Respondent, v. Guy Johnson, Appellant

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

November 16, 1994

Judgment unanimously affirmed.

Memorandum:

Supreme Court properly denied defendant's motion to dismiss the indictment on speedy trial grounds (see, CPL 30.30). Although the People requested a one-week adjournment due to the unavailability of a witness, the subsequent 53-day delay until commencement of the trial is not chargeable to the People because it was occasioned by the unavailability of the court due to court congestion (see, People...

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