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PEOPLE v. MAJETTE

210 A.D.2d 145 (1994)

621 N.Y.S.2d 848

The People of the State of New York, Appellant, v. Kevin Majette, Respondent

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

December 20, 1994

Defendant's motion to dismiss on speedy trial grounds was properly granted. The nine days from September 23 to October 16, 1992 and the three days from October 16 to 19, 1992 were properly included because the People did nothing to declare the resumption of their readiness until October 19 (People v Smith, 82 N.Y.2d 676).

The People's arguments for excludability of certain other periods of post-readiness delay are unpreserved...

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