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PEOPLE v. PRICE

61 A.D.3d 127 (2009)

873 N.Y.S.2d 327

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. STEPHEN PRICE, Respondent.

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

Decided February 10, 2009.

Attorney(s) appearing for the Case

Thomas J. Spota, District Attorney, Riverhead (Thomas Costello of counsel), for appellant.

Reynolds, Caronia, Gianelli, Hagney & La Pinta, LLP, Hauppauge (Paul Gianelli, Anthony M. La Pinta and Christopher B. Abbott of counsel), for respondent.

ANGIOLILLO, CARNI and ENG, JJ., concur.

OPINION OF THE COURT

MASTRO, J.P.

In a criminal prosecution, may the People avoid the dismissal of an indictment on speedy trial grounds by invoking the "exceptional circumstances" exclusion of CPL 30.30(4)(g) to exclude the period during which an appeal is pending in an unrelated prosecution involving similar legal issues? We hold today that they may not.

The defendant was arrested in Suffolk County on February 1, 2006 and was charged by felony...

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