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PEOPLE v. RODRIGUEZ

16334, 3639/12

135 A.D.3d 587 (2016)

24 N.Y.S.3d 586

2016 NY Slip Op 00423

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESUS RODRIGUEZ, Appellant.

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

Decided January 21, 2016.

Defendant is entitled to dismissal on speedy trial grounds because the certificates of readiness that the People filed on August 30, 2011 and February 7, 2012 were illusory under the principles that the Court of Appeals discussed in People v Sibblies (22 N.Y.3d 1174 [2014]), which was decided after defendant's conviction. The chargeable time, added to the time the court properly charged to the People, totals 295 days, well over the...

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