PEOPLE v. DAVILA


257 A.D.2d 485 (1999)

685 N.Y.S.2d 5

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL DAVILA, Appellant.

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

Decided January 21, 1999.


Defendant's speedy trial motion was properly denied. As defendant concedes, the speedy trial period commenced with the declaration of a mistrial on July 8, 1992 (CPL 30.30 [5] [a]), giving the People until January 8, 1993, a 184-day period, within which to bring him to retrial. The period from July 8, 1992 to May 3, 1993, upon which date defendant filed his speedy trial motion, comprised 299 days. Contrary to defendant's argument...

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