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PEOPLE v. CAPELLAN

38 A.D.3d 393 (2007)

833 N.Y.S.2d 20

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. YOHADY CAPELLAN, Appellant.

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

Decided March 22, 2007.

The court properly denied defendant's speedy trial motion. Since the original misdemeanor complaint filed against defendant was superseded by a felony indictment, the People were required to be ready for trial within six months (see People v Cooper, 90 N.Y.2d 292 [1997]), or in this case 184 days. There is nothing in Cooper to suggest that the timing or circumstances of the People...

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