PEOPLE v. FORTE


4 A.D.3d 123 (2004)

771 N.Y.S.2d 342

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY FORTE, Appellant.

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

February 5, 2004.


The court properly denied defendant's speedy trial motion. The postreadiness 170-day period that began on January 4, 1999, which is dispositive of the CPL 30.30 issue, was excludable except for the 28 days conceded by the People. The conducting of scientific tests did not affect their pre-existing readiness to proceed, and there is no basis for finding that the entire period was attributable to the People, irrespective of the reasons...

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