People v. Smith

OPINION OF THE COURT

Abraham G. Gerges, J.

The defendant moves to dismiss indictment No. 5129/88. The defendant contends that his statutory rights under CPL 30.30 and 30.20 have been violated.

The court has considered the defendant’s pro se motion papers, defense counsel’s affirmation, and the People’s response.

On April 3, 1991 both the defense counsel and the Assistant District Attorney stipulated on the record that the instant motion was limited to a determination as to the chargeability of the period of time from July 6, 1988 to October 2, 1990. On *22July 6, 1988 a bench warrant had been issued…