PEOPLE v. BALCERAK

2007-1073 N CR.

2008 NY Slip Op 51466 (U)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GREGORY BALCERAK, Respondent.

Appellate Term of the Supreme Court of New York, Second Department.

Decided July 16, 2008.


Defendant moved to dismiss the accusatory instruments on the ground that he was denied his right to a speedy trial pursuant to CPL 30.30 (1) (b). The court below granted said motion, finding that 102 days were chargeable to the People. On appeal, with regard to said finding, the People only take issue with the two adjournments that occurred between December 11, 2006 and February 13, 2007.

On December 11, 2006, the People stated that they were not ready for trial since...

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