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PEOPLE v. WARING

206 A.D.2d 329 (1994)

615 N.Y.S.2d 21

The People of the State of New York, Respondent, v. Farrell Waring, Appellant

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

July 28, 1994

There is nothing in the record to contradict the hearing court's findings that the matter was marked ready and sent out for trial on July 6, 1992 and that the defendant's CPL 30.30 motion was served and filed the following day "before the trial commenced". The motion, therefore, was timely made (CPL 210.20 [2]). The hearing court's deferral of its determination of the motion until after the jury's verdict does not constitute a waiver...

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