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PEOPLE v. SMITH

211 A.D.2d 586 (1995)

622 N.Y.S.2d 19

The People of the State of New York, Appellant, v. Stephen Smith, Respondent. The People of the State of New York, Appellant, v. Benjamin Burdick, Respondent

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

January 31, 1995

The hearing court properly dismissed the indictment on speedy trial grounds since 256 days were properly charged to the People. The People conceded that 125 days were includable. Of the five periods of delay contested by the People, three of these delays, January 27 to February 17, 1993 (21 days), March 10 to April 26, 1993 (47 days), and a total of 30 days between May 26 and July 9, 1993, were properly charged to the People upon...

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