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PEOPLE v. CRUZ

193 Misc.2d 484 (2002)

750 N.Y.S.2d 422

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JORGE CRUZ, Respondent.

Supreme Court, Appellate Term, Second Department.

August 21, 2002.

Attorney(s) appearing for the Case

Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano, Sharon Y. Brodt and Anastasia Spanakos of counsel), for appellant.

Queens Law Associates, P.C., Forest Hills (Susan K. Wetzel and Hettie Powell of counsel), for respondent.

GOLIA and RIOS, JJ., concur; PATTERSON, J.P., dissents in a separate memorandum.

OPINION OF THE COURT

MEMORANDUM.

Order reversed on the law, motion to dismiss the information pursuant to CPL 30.30 denied, information reinstated and matter remanded to the court below for all further proceedings.

In this prosecution charging the defendant with class A misdemeanors and a violation, the People had 90 days from the filing of the accusatory instrument to declare their readiness to...

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