People v. Edwards

OPINION OF THE COURT

Thomas F. McGowan, J.

Defendant has requested reconsideration of the court’s decision of July 15, 1983, denying her motion to dismiss pursuant to CPL 30.30 and 30.20. She has submitted a memorandum of law in support of that request.

Her position is twofold. First, she argues that delay resulting from the scheduling and conduct of a preliminary hearing is not an excludable period of delay. That is, she contends, a preliminary hearing is not “[another] proceeding * * * concerning the defendant” pursuant to CPL 30.30 (subd 4, par [a]). Even if it were, the argument continues,…