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PEOPLE v. MILLER

34 N.Y.2d 336 (1974)

The People of the State of New York, Appellant, v. Leonard Miller, Also Known as Leonard Beason, Respondent.

Court of Appeals of the State of New York.

Decided June 12, 1974.

Attorney(s) appearing for the Case

Michael F. Dillon, District Attorney (Richard M. Mancuso of counsel), for appellant.

Henrietta M. Wolfgang, Nathanial A. Barrell and Charles D. Halvorsen for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER and STEVENS concur; Judge GABRIELLI taking no part.

RABIN, J.

We would affirm the dismissal.

Leonard Miller was indicted on January 29, 1969. He was then serving a Federal sentence in Virginia. In April, 1969 he and his counsel asserted his speedy trial claim purportedly pursuant to the agreement on detainers (Code Crim. Pro., § 669-b; CPL 580.20). He was brought to Buffalo for trial on June 5, 1969, held there for 24 days, and then returned to Virginia...

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