People v. Beyah

*15OPINION OF THE COURT

Albert Tomei, J.

This motion to dismiss pursuant to CPL 30.30 (1) (a) requires the court to determine how the Second Department’s decision in People v Cade (140 AD2d 99 [2d Dept 1988], adhered to on rearg 145 AD2d 565) affects the calculating of the prosecutor’s speedy trial time. On October 24, 1988, the court dismissed an indictment charging defendant with robbery in the first degree, robbery in the second degree, criminal possession of stolen property in the fifth degree, grand larceny in the fourth degree and criminal possession of a weapon in the fourth degree. The…