PEOPLE v. PRICE

No. 7

14 N.Y.3d 61 (2010)

923 N.E.2d 1107

896 N.Y.S.2d 719

2010 NY Slip Op 1013

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. STEPHEN PRICE, Respondent.

Court of Appeals of New York.

Decided February 11, 2010.


Attorney(s) appearing for the Case

Thomas J. Spota, District Attorney, Riverhead (Thomas C. Costello of counsel), for appellant.

Reynolds, Caronia, Gianelli, Hagney, La Pinta & Quatela, LLP, Hauppauge (Christopher B. Abbott of counsel), for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge LIPPMAN.

At issue is whether the prosecution may rely on the "exceptional circumstances" exclusion contained within CPL 30.30 (4) (g) to avoid dismissal of defendant's indictment on speedy trial grounds. We hold, as the Appellate Division did below, that the exclusion does not apply under the circumstances presented here.

On February 2, 2006, defendant was arraigned in Suffolk County on a felony complaint charging...

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