People v. Tinelli

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: We agree with defendant’s contention on appeal from his conviction for criminal sale of a controlled substance, second degree, that he was deprived of his statutory speedy trial rights (see CPL 30.30). The action was commenced on February 21, 1980 by filing a felony complaint. Even accepting the People’s position that the postindictment delay is excludable for various reasons, the People are chargeable with the delay from February 25,1980 (the date set for the preliminary hearing requested by defendant)…