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People v. Violante

79 A.D.2d 843 Court Fourth Department, Decision date 1980-12-12 English

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p. 843
Fourth Department,
December, 1980
(December 12, 1980)
The People of the State of New York, Appellant, v John Violante, Respondent.

Orders unanimously affirmed. Memorandum: The District Attorney’s failure to communicate his readiness for trial to the court on the record within the period prescribed by CPL 30.30 mandates dismissal of the indictment (People v Brothers, 50 NY2d 413 , 416; People v Hamilton, 46 NY2d 932 , 933; People v Lester, 78 AD2d 579 ). (Appeals from orders of Monroe County Court—dismiss indictment.) Present—Dillon, P. J., Cardamone, Hancock, Jr., Callahan and Moule, JJ.

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