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PEOPLE v. LUCERO

21 Misc.3d 412 (2008)

863 N.Y.S.2d 881

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. JONATHAN LUCERO, Defendant.

Criminal Court, New York County.

September 4, 2008.

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Rosemary Vassallo of counsel), for defendant.

Robert M. Morgenthau, District Attorney, New York City (Martin Foncello of counsel), for plaintiff.

OPINION OF THE COURT

ELISA S. KOENDERMAN, J.

The defendant, Jonathan Lucero, moves to dismiss the charges against him on the ground that he has been denied his right to a speedy trial pursuant to CPL 30.30 (1) (c), alleging that more than 60 days have elapsed since his arraignment. The People counter that only 52 days are chargeable to them, contending that a 12-day adjournment occasioned by a death in the arresting...

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