People v. Del Toro

*387OPINION OF THE COURT

Richard Goldman, J.

Defendant moves to dismiss indictment No. 11798/88 on the ground that his statutory right under CPL 30.30 was violated.

On February 8, 1988, the felony complaint was filed against the defendant. On April 26, 1988, indictment No. 1433/88 was filed charging defendant with the commission of a nonhomicidal felony. The People announced their readiness on this indictment on June 8, 1988. Indictment No. 1433/88 was dismissed on November 21, 1988 pursuant to People v Cade (140 AD2d 99, adhered to on rearg 145 AD2d 565, lv granted 73 NY2d 975). A second…