The court properly denied defendant's speedy trial motion. We find that only 173 days are properly includable.
As the People concede on appeal, the court, which was under the misimpression that on April 13, 2000 a bench warrant had been issued and stayed, erred in excluding the period from April 13 to April 26. However, the court properly excluded the period from April 26 to May 10, 2000 pursuant to CPL 30.30 (4) (c) because a bench warrant was issued on April 26...
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