People v. Santos

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified to the extent of remitting the case to Supreme Court, New York County, for a hearing on the branch of defendant’s motion to dismiss the indictments based on CPL 30.30, and for further proceedings in accordance with this memorandum. As so modified, the order should be affirmed. In the event defendant prevails on the motion following the hearing, the indictments should be dismissed. If, however, the People prevail, the judgment of conviction should be amended to reflect the denial of defendant’s motion.

Defendan…