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PEOPLE v. HAMILTON

178 Misc.2d 300 (1998)

679 N.Y.S.2d 876

The People of the State of New York, Plaintiff, v. Derrick Hamilton, Defendant.

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

September 9, 1998

Attorney(s) appearing for the Case

Legal Aid Society (Michele Maxian and Andrea Zellan of counsel), for defendant. Charles J. Hynes, District Attorney of Kings County (Michael J. Pulizotto of counsel), for plaintiff.

CHARLES J. HEFFERNAN, JR., J.

This case presents the question whether defendant's motion for an order dismissing the information on the ground that he has been denied his statutory right to a speedy trial under CPL 30.30 (1) (b) should be granted in unusual factual circumstances, i.e., (1) the prosecutor's declaration of nonreadiness at a dispositive calendar call was induced by defense counsel's off-calendar...

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