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PEOPLE v. MCLEAN

184 Misc.2d 465 (2000)

709 N.Y.S.2d 339

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. RICHARD M. McLEAN, Defendant.

Criminal Court, Queens County.

April 10, 2000.

Attorney(s) appearing for the Case

Queens Law Associates (Joshua Glick of counsel), for defendant.

Richard A. Brown, District Attorney of Queens County (Mary Lowenburg of counsel), for plaintiff.

OPINION OF THE COURT

CHARLES J. HEFFERNAN, JR., J.

This case presents a question of seeming first impression within the context of a motion to dismiss the information on the ground that defendant has been denied his statutory right to a speedy trial under CPL 30.30 (1) (c). The question is this: where the People initiate a prosecution with the filing of a class B misdemeanor, subsequently replace it with a class...

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