PEOPLE v. TORRES


214 A.D.2d 401 (1995)

625 N.Y.S.2d 166

The People of the State of New York, Respondent, v. Michael Torres, Appellant

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

April 13, 1995


Defendant made a timely pretrial motion to dismiss the indictment on the ground the People were not ready for trial within the time prescribed by CPL 30.30. Criminal Term directed that a hearing be held at the conclusion of the trial, and after that hearing, denied defendant's motion. We find that the denial of this motion was in error and, therefore, reverse and dismiss the indictment.

Initially, the People concede that they were responsible for 156 days of includable...

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