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PEOPLE v. HAUBEN

11 Misc.3d 1026 (2006)

810 N.Y.S.2d 649

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. MICHAEL HAUBEN, Defendant.

District Court of Nassau County, First District.

March 6, 2006.

Attorney(s) appearing for the Case

Foley, Griffin, Jacobson & Faria, LLP, Garden City, for defendant.

Kathleen M. Rice, District Attorney, Hempstead, for plaintiff.

OPINION OF THE COURT

KENNETH L. GARTNER, J.

The defendant moves for an order, pursuant to Criminal Procedure Law § 170.30 (1) (e), dismissing the accusatory instrument upon the ground that he has been denied his statutory right to a speedy trial, as set forth under CPL 30.30 (1) (d).

This motion presents an unusual scenario: the criminal action commenced against the defendant must be dismissed because...

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