PEOPLE v. MARTINEZ


268 A.D.2d 354 (2000)

701 N.Y.S.2d 425

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. VICTOR MARTINEZ, Respondent.

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

Decided January 25, 2000.


The only issue on appeal is whether the time period from January 7, 1998 to January 20, 1998 should have been excluded, as the prosecutor argues. If the time is excludable the indictment stands. On January 7, 1998, the People were not ready for trial and requested an adjournment to January 20, 1998 because a material witness, the arresting officer, was unavailable due to a line-of-duty injury sustained in a December 27, 1997 car accident. The vehicle in which the officer...

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