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PEOPLE v. SWEET

KA 09-00188.

98 A.D.3d 1252 (2012)

951 N.Y.S.2d 285

2012 NY Slip Op 6413

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACK Z. SWEET, Appellant.

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

September 28, 2012.

It is hereby ordered that the order so appealed from is unanimously affirmed.

Memorandum: We previously held this case, reserved decision and remitted the matter to Supreme Court for a hearing on defendant's CPL 440.10 motion to determine whether the People established "`sufficient excludable time'" based upon our conclusion that defendant made a prima facie showing that the People failed to comply with CPL 30.30 (1) (a) (People v Sweet, 79...

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