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PEOPLE v. AQUINO

6 Misc.3d 25 (2004)

789 N.Y.S.2d 598

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. CLAUDIO AQUINO, Respondent.

Supreme Court, Appellate Term, First Department.

December 15, 2004.

Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Joseph N. Ferdenzi and Stanley R. Kaplan of counsel), for appellant.

Legal Aid Society, New York City (Laura R. Johnson and Paul Wiener of counsel), for respondent.

SUAREZ, P.J., McCOOE and GANGEL-JACOB, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order dated September 19, 2003 reversed, on the law, motion denied, information reinstated, and matter remitted to Criminal Court for further proceedings.

Defendant's CPL 30.30 motion should have been denied. The People's postreadiness delay in complying with their discovery obligations "had no bearing on the People's readiness" (People v Anderson, 66 N.Y.2d 529, 543 [1985...

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