PEOPLE v. MANNINO


306 A.D.2d 157 (2003)

761 N.Y.S.2d 189

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. MARIO MANNINO, Respondent.

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

Decided June 19, 2003.


CPL 30.30 requires dismissal of a felony indictment where the People are not ready for trial within six months of the commencement of the criminal action. Here, the six-month period commenced on July 20, 2000, when the felony complaint was filed, and the People had 184 days, absent excludable delay, to be ready for trial (CPL 30.30 [4]).

On this appeal, the People assert that two time periods, totaling 35 days, should not have been charged to them. We agree. On March...

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