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PEOPLE v. WELCH

259 A.D.2d 376 (1999)

687 N.Y.S.2d 122

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDMUND WELCH, Appellant.

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

Decided March 23, 1999.

The court properly denied defendant's motion for dismissal of the superseding indictment on statutory speedy trial grounds, since the superseding indictment was sought before trial had commenced by the selection and swearing in of the jury (see, CPL 200.80, 260.30 [1]; 270.05 [2]), and since trial commenced within the applicable six-month period permitted, with applicable exclusions, dating back to the filing of the original...

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