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PEOPLE v. RICHARD

2010KN076750

33 Misc.3d 855 (2011)

929 N.Y.S.2d 723

2011 NY Slip Op 21327

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. CHARLES RICHARD, Defendant.

Criminal Court of the City of New York, Kings County.

September 19, 2011.

Attorney(s) appearing for the Case

Legal Aid Society ( Steven Banks and Daniel Ades of counsel), for defendant. Charles J. Hynes , District Attorney ( Rachel Ramsay-Lowe of counsel), for plaintiff.

OPINION OF THE COURT

JOHN H. WILSON, J.

This case presents two separate but related issues. First, must a child witness be presented to a court for a competency examination pursuant to CPL 60.20 (2) before the People may serve the supporting deposition of the child, and declare their readiness for trial? Second, must the People be charged with the time under CPL 30.30 until the court has had the opportunity to determine whether the child witness is competent...

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