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PEOPLE v. DELACRUZ

241 A.D.2d 328 (1997)

660 N.Y.S.2d 7

The People of the State of New York, Appellant, v. Victor Delacruz, Respondent

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

July 1, 1997

An earlier trial had resulted in a mistrial on December 23, 1992. The criminal action is deemed to commence on that date for statutory speedy trial purposes (CPL 30.30 [5] [a]), and the People had to be ready for trial within six months of that date less any excludable time. (CPL 30.30 [5] [a]; [1] [a]; [4]; People v Sinistaj, 67 N.Y.2d 236, 239.) Since the time period is computed in terms of calendar months and is thus not necessarily...

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