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PEOPLE v. COOPER

219 A.D.2d 426 (1996)

643 N.Y.S.2d 532

The People of the State of New York, Respondent, v. Andrew Cooper, Appellant

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

May 28, 1996

Attorney(s) appearing for the Case

Frances A. Gallagher of counsel (Daniel L. Greenberg, attorney), for appellant.

Susan Axelrod of counsel (Paul Harnisch on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for respondent.

ROSENBERGER, WALLACH, KUPFERMAN and WILLIAMS, JJ., concur.

SULLIVAN, J. P.

This appeal presents the issue of whether, in determining the time in which the People must be ready for trial, the six-month period provided in CPL 30.30 (1) (a) or the 90-day period provided in CPL 30.30 (1) (b) applies where defendant, initially arraigned on a misdemeanor complaint, is later indicted for the same criminal acts as felonies, not misdemeanors...

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