People v. Cintron

OPINION OF THE COURT

Harold B. Beeler, J.

Defendant moves this court to reconsider the decision and order of another Justice of the State Supreme Court, now retired from the Bench, denying "without prejudice to renew” his motion to dismiss the indictment herein on the grounds he was denied his statutory right to a speedy trial (CPL 30.30). Upon reconsideration of the governing case law, the court vacates the earlier order and dismisses the indictment.

In People v Sinistaj (67 NY2d 236 [1986]), the Court of Appeals held that the time excludable under CPL 30.30 (4) on a first indictment was…