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MATTER OF PEOPLE EX REL. LaBREW v. VANCE

Index Nos. 451228/20, 02744/19. Appeal No. 13456-13456A. Case No. 2020-02772.

192 A.D.3d 645 (2021)

141 N.Y.S.3d 308

2021 NY Slip Op 01951

In the Matter of The People of the State of New York ex rel. Lawrence P. LaBrew, on Behalf of Marvin Hayes, Appellant, v. Cyrus Vance, Jr., as District Attorney, by Lauren Breen, as Assistant District Attorney, et al., Respondents.

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

Decided March 30, 2021.

Attorney(s) appearing for the Case

Law Office of Lawrence LaBrew, New York ( Lawrence P. LaBrew of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Lauren Breen of counsel), for respondents.

Concur—Gische, J.P., Singh, Scarpulla, Mendez, JJ.

Petitioner claims that he is entitled to immediate release on bail, or on his own recognizance, pursuant to CPL 30.30(2)(a), on the ground that the People were allegedly not ready for trial within 90 days. However, petitioner's failure to submit records relevant to the contested periods that he claims were chargeable to the People precludes appellate review (see e.g. People v Kramer, 181 A.D.2d 449, 449-450 [1st Dept 1992], lv...

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