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PEOPLE v. GONZALEZ

5 A.D.3d 125 (2004)

771 N.Y.S.2d 893

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS GONZALEZ, Appellant.

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

March 2, 2004.

The People correctly concede that the court should not have summarily rejected defendant's speedy trial motion, which, although brought on the eve of trial, was timely (People v Gaillard, 252 A.D.2d 357 [1998]). The present state of the record does not permit this Court to determine the merits...

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