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PEOPLE v. PONTE

2015-11448.

135 A.D.3d 789 (2016)

22 N.Y.S.3d 888

2016 NY Slip Op 00214

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RICHARD CARY SPIVACK, on Behalf of JERREL LOWERY, Petitioner, v. JOSEPH PONTE et al., Respondents.

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

Decided January 13, 2016.

Ordered that the application is granted and the filing fee is waived; and it is further,

Adjudged that the writ is dismissed, without costs or disbursements.

The People are chargeable with less than 90 days of delay in bringing Jerrel Lowery to trial on Queens County indictment No. 3184/13 (see CPL 30.30 [2] [a]; [4] [a]-[g]). Accordingly, Jerrel Lowery is not entitled to release pursuant to CPL 30.30 (2...

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