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PEOPLE v. DAVIS

195 A.D.2d 1 (1994)

The People of the State of New York, Respondent, v. Joan Davis, Appellant

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

January 25, 1994

Attorney(s) appearing for the Case

Jonathan M. Kratter of counsel (Philip L. Weinstein, attorney), for appellant.

Nancy Paterson of counsel (Nikki Kowalski with her on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

SULLIVAN, J. P., ROSENBERGER, ASCH and RUBIN, JJ., concur.

ROSS, J.

On this appeal we are called on to decide whether CPL 30.30 (5) (a), which provides that where a defendant is to be tried following the withdrawal of a guilty plea the criminal action is to be deemed to have commenced on the date of the withdrawal of the guilty plea, applies with equal effect in the situation where the defendant is to be tried following the withdrawal of a plea of not responsible by reason...

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