PEOPLE v. DIMEGLIO


294 A.D.2d 239 (2002)

743 N.Y.S.2d 83

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARY DIMEGLIO, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. OBA PERDUE, Respondent.

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

Decided May 23, 2002.


Defendants' speedy trial motions were properly granted. The felony complaint was filed on December 14, 1999 and the People were required to be ready for trial within 183 days. The People concede that the period from December 14, 1999 to January 24, 2000 is chargeable to them. They argue, however, that this time period should be measured as 40 days because the court should have excluded the last day, January 24, from its calculation since they could have hypothetically stated...

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