People v. Lugo

OPINION OF THE COURT

Michael L. Pesce, J.

On May 13,1983, defendant was arraigned on charges of possession of burglar’s tools, criminal mischief in the fourth degree, unauthorized use of a vehicle in the third degree and reduced charges of criminal possession of stolen property in the third degree. He now seeks to dismiss the charges on the ground that he has been denied his right to the speedy trial mandated by CPL 30.30 (subd 1, par [b]).

The People argue that while the original complainant, Susan Benincasa, did not sign a corroborating affidavit, a “new” complainant, Vincent Benincasa, did.…