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PEOPLE v. FRANCISCO

176 Misc.2d 288 (1998)

671 N.Y.S.2d 636

The People of the State of New York, Plaintiff, v. Rafael Francisco, Defendant.

Criminal Court of the City of New York, Bronx County.

March 19, 1998.

Attorney(s) appearing for the Case

David J. Druckman, Bronx, for defendant. Robert T. Johnson, District Attorney of Bronx County (Dennis Vega of counsel), for plaintiff.

ROBERT M. STOLZ, J.

This case presents a novel issue under CPL 30.30, to wit: in a misdemeanor prosecution, should time accrued prior to the conversion of the complaint to an information be chargeable to the People if defense counsel fails to appear during that time. For the reasons set forth below, the court concludes that such time is excludable as a matter of law.

Defendant is charged with aggravated...

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