PEOPLE v. RICART

1815/12. 3987. 3988.

153 A.D.3d 421 (2017)

60 N.Y.S.3d 30

2017 NY Slip Op 05922

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINGO RICART, Appellant.

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

Decided August 1, 2017.


The People were required to be ready for trial within 183 days after the commencement of the action. The motion court denied defendant's 30.30 motion, finding that the People were chargeable with 181 days. On appeal, the People concede that they should have been charged with 12 additional days that, if added to the total charged by the court, would require dismissal. The People argue that the judgment should nevertheless be affirmed because the court overcharged them by including...

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