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PEOPLE v. SUMMERS

4093, 2510/03.

80 A.D.3d 520 (2011)

914 N.Y.S.2d 634

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN SUMMERS, Appellant.

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

Decided January 20, 2011.

The court properly denied defendant's motion to dismiss the indictment, made on the ground of delay in sentencing (see CPL 380.30 [1]), since the delay was not excessive and was occasioned by "plausible reasons" that should not trigger a loss of jurisdiction (see People v Drake, 61 N.Y.2d 359, 366 [1984]). The only delay that defendant seeks to attribute to the People is a nine-month period where he was incarcerated in...

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