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PEOPLE v. DICKINSON

No. 235.

18 N.Y.3d 835 (2011)

962 N.E.2d 257

938 N.Y.S.2d 836

2011 NY Slip Op 9001

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT GUY DICKINSON, Appellant.

Court of Appeals of New York.

Decided December 15, 2011.

Attorney(s) appearing for the Case

Robert M. Winn , Granville, for appellant.

Kevin C. Kortright , District Attorney, Fort Edward ( Katherine G. Henley of counsel), for respondent.

New York State Defenders Association, Albany ( Alfred O'Connor of counsel), for New York State Defenders Association, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

It is undisputed that the People were not ready for trial within six months of the commencement of the action, as CPL 30.30 (1) (a) requires, even after application of the exclusions listed in CPL 30.30 (4). The People's only claim is that defendant waived his rights under CPL 30.30 by participating in plea negotiations for several...

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