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PEOPLE v. STIRRUP

239 A.D.2d 109 (1997)

656 N.Y.S.2d 759

The People of the State of New York, Appellant, v. Roderick Stirrup, Respondent

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

May 1, 1997

The motion court dismissed the indictment pursuant to CPL 30.30 based on its calculation that 213 days of non-excludable time had elapsed since the commencement of the action. The People's primary contention on appeal is that the court erroneously charged them with the 103-day period between January 22, 1993, the initial return date of the Desk Appearance Ticket ("DAT"), and May 4, 1993, when an accusatory instrument was ultimately...

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