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PEOPLE v. COLON

272 A.D.2d 125 (2000)

708 N.Y.S.2d 610

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WALTER COLON, Respondent.

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

Decided May 9, 2000.

The motion court erroneously charged the People with the entire 13-day period from February 24, 1998 through March 9, 1998. The record establishes that the People requested an adjournment of the matter to March 3rd. Defense counsel requested March 9th. The court should have excluded the additional 6 days requested by defense counsel to accommodate his schedule (People v Goodwin, 209 A.D.2d 228, lv denied 85 N.Y.2d 862). Deducting...

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