This is an appeal from an order which, upon reargument, adhered to a decision dismissing an indictment charging defendant with, inter alia, robbery in the first degree, on the grounds that the prosecution had exceeded the time allotted to it by CPL 30.30 in which to be ready for trial.
The prosecution does not dispute that 136 days were properly charged to it, including its concession concerning the 5 day period from February 24, 1994 until March 1, 1994, which...
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