PEOPLE v. VALENZUELA

11486. 4082/12.

183 A.D.3d 440 (2020)

123 N.Y.S.3d 601

2020 NY Slip Op 02853

The People of the State of New York, Respondent, v. Santo Valenzuela, Appellant.

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

Decided May 14, 2020.


The court properly denied defendant's speedy trial motion. The court correctly ruled that the sole period at issue on appeal was excludable time under CPL 30.30(4)(b), because defense counsel was on trial in another case (see e.g. People v Brown, 149 A.D.3d 584 [1st Dept 2017], lv denied 20 N.Y.3d 1124 [2017]). There is nothing in the record to suggest that the colleague of defense counsel who appeared in court was available...

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