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PEOPLE v. TORRES

Ind No. 1158/18. Appeal No. 15949. Case No. 2020-01871.

205 A.D.3d 524 (2022)

167 N.Y.S.3d 503

2022 NY Slip Op 03214

The People of the State of New York, Respondent, v. David Torres, Appellant.

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

Decided May 17, 2022.

Attorney(s) appearing for the Case

Green & Willstatter, White Plains (Richard D. Willstatter of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.

Concur— Mazzarelli, J.P., Oing, Moulton, González, Kennedy, JJ.

Defendant's initial and subsequent speedy trial motions were properly denied. We find that only 175 days are includable.

Defendant challenges an adjournment from June 18 to July 24, 2019, of which the court only included the period up to July 2. On June 18, the People, who had previously been ready, requested July 2, a date on which the court was not available. Defendant argues that when the People requested July 2, they...

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