PEOPLE v. STATON


209 A.D.2d 652 (1994)

619 N.Y.S.2d 667

The People of the State of New York, Respondent, v. Derek Staton, Appellant

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

November 21, 1994


Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant's speedy trial motion to dismiss Indictment No. 3032/90, and the appeal is held in abeyance in the interim. The Supreme Court is to file its report with all convenient speed.

We find that the Supreme Court should have conducted a hearing to resolve the factual issues raised by the defendant's motion to dismiss for a violation of CPL 30.30 (1) (see, ...

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