People v. Sturgis

Memorandum. The principle issue, on the motion for dis*627missal of the indictment upon the ground of denial of a speedy trial, is whether, in computing the six-months period specified in CPL 30.30 (subd 1, par [a]) a' period of two and one-half months during which defendant was absent prior to indictment should have been excluded.

On April 2, 1973, a felony complaint was filed charging defendant with possession of a loaded firearm (Penal Law, § 265.05, subd 2) and escape in the second degree (Penal Law, § 205.10, subd 2). She was indicted for these crimes on November 2, 1973 and, according to…