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PEOPLE v. JONES

244 A.D.2d 212 (1997)

664 N.Y.S.2d 49

The People of the State of New York, Appellant, v. Eugene Jones, Respondent

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

November 18, 1997

The trial court erred in finding that defendant was denied his right to a speedy trial. Five days were improperly charged to the prosecution with respect to the period from January 5 to January 10, 1997. The adjournment from January 5 to January 10, 1997 is excludable as it was made at defense counsel's request (see, People v Matthews, 227 A.D.2d 313, lv denied 88 N.Y.2d 989; People v Smith,

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