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PEOPLE v. ASHE

1743, 2031/11.

142 A.D.3d 887 (2016)

38 N.Y.S.3d 140

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWIGHT ASHE, Appellant.

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

Decided September 27, 2016.

The court properly denied defendant's speedy trial motion. The only period at issue is the 40 days between this Court's order reversing defendant's original conviction (74 A.D.3d 503 [1st Dept 2010], affd 15 N.Y.3d 909 [2010]) and the order of a Justice of this Court granting leave to the Court of Appeals. The motion court properly concluded that, because of the operation of CPL 30.30 (5) (a),...

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