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PEOPLE v. MARTE-TEJADA

4537, 6518/10.

153 A.D.3d 1210 (2017)

2017 NY Slip Op 06724

60 N.Y.S.3d 681

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHANSEL MARTE-TEJADA, Appellant.

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

Decided September 28, 2017.

The court properly denied defendant's speedy trial motions. Except as to a five-day period where the People concede includability on appeal, the record supports the court's findings of excludability, including a finding in which it providently disregarded the People's erroneous concession (see e.g. People v Wells, 16 A.D.3d 174 [1st Dept 2005], lv denied 5 N.Y...

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