PEOPLE v. OLIVERI

2238, 24/03

68 A.D.3d 422 (2009)

2009 NY Slip Op 8943

888 N.Y.S.2d 879

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN OLIVERI, JR., Appellant.

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

Decided December 3, 2009.


The motion court properly excluded the period from December 16, 2002 (when a felony complaint was filed in the instant case) through February 3, 2003 (when the People answered ready), and that ruling is dispositive of the speedy trial motion. Defendant was on trial on a homicide indictment through January 17, 2003 and was sentenced in that case on March 17, 2003. "[A]ll proceedings up until the imposition of sentence are excludable" pursuant to CPL 30.30 (4) (a) (People...

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