People v. Kathiravelu

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered December 4, 2002, convicting him of assault in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the County Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

The County Court erred in denying the defendant’s motion pursuant to CPL 30.30 to dismiss the indictment on the ground that he was deprived of his statutory right to a…