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PEOPLE v. GOSS

87 N.Y.2d 792 (1996)

665 N.E.2d 177

642 N.Y.S.2d 607

The People of the State of New York, Appellant, v. Demetrius Goss, Respondent. The People of the State of New York, Appellant, v. Woodson Avery, Curtis Gaymon and Derek Cole, Respondents.

Court of Appeals of the State of New York.

Decided April 4, 1996.

Attorney(s) appearing for the Case

Kevin M. Dillon, District Attorney of Erie County, Buffalo (Raymond C. Herman and John J. DeFranks of counsel), for appellant in the first and second above-entitled actions.

Vincent F. Gugino, Buffalo, Linda S. Reynolds, Barbara J. Davies and Kristin M. Preve for respondent in the first above-entitled action.

Kevin J. Bauer, Buffalo, and Elmore and Givens (John V. Elmore of counsel), for Woodson Avery, respondent in the second above-entitled action.

Vincent F. Gugino, Buffalo, Linda S. Reynolds and Barbara J. Davies for Curtis Gaymon and Derek Cole, respondents in the second above-entitled action.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

Can the People validly declare readiness for trial pursuant to CPL 30.30 prior to the defendant's arraignment? In People v England (84 N.Y.2d 1), we deemed a prearraignment statement of readiness ineffective where, solely because of the People's own conduct, it was impossible to arraign the defendant within the statutory period. England, however...

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