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PEOPLE v. CARTER

285 A.D.2d 384 (2001)

728 N.Y.S.2d 449

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES CARTER, Appellant.

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

Decided July 12, 2001.

Defendant's speedy trial motion was properly denied. The time period at issue on appeal was properly excluded under CPL 30.30 (4) (g). The People made a sufficiently detailed showing of exceptional circumstances and due diligence in obtaining the presence of the complaining witness, who had returned to Yemen, his native country, and who experienced considerable difficulty in obtaining a visa for return to the United States (see, People v Pomales, 159...

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