People v. Hung Tran

OPINION OF THE COURT

Herbert I. Altman, J.

Defendant moves to dismiss count two of the indictment pur*64suant to CPL 30.30 (1).

Defendant was arrested on April 24, 1996 in connection with the death of Richard Han. A felony complaint, commencing the action for speedy trial purposes (see, CPL 30.30 [1] [a]; 1.20 [17]; People v Lomax, 50 NY2d 351, 356), was filed the next day. Defendant (in indictment No. 3552/96) and others were subsequently charged with murder in the second degree. On February 26, 1998 he was arraigned on a superseding indictment consisting of two counts. Count one is identical to…