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PEOPLE v. POWELL

179 Misc.2d 1047 (1999)

690 N.Y.S.2d 826

The People of the State of New York, Appellant, v. Devin Powell, Respondent.

Supreme Court, Appellate Term, Second Department.

March 16, 1999

Attorney(s) appearing for the Case

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie and Leonard Joblove of counsel), for appellant. Legal Aid Society, New York City (M. Sue Wycoff, Daniel L. Greenberg and Sara Bennett of counsel), for respondent.

KASSOFF, P. J., CHETTA and PATTERSON, JJ., concur.

MEMORANDUM.

Order unanimously reversed on the law, accusatory instrument reinstated and matter remanded to the court below for all further proceedings.

The People in the case at bar announced their readiness on the 91st day after commencement of the action as the 90th day fell on a Sunday (see, CPL 30.30 [1] [b]; 1.20 [17]). The court, in dismissing the accusatory instrument, held that the provisions of...

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