People v. Calderon

— Appeal by the People from an order of the Supreme Court, Queens County (O’Dwyer, J.), dated May 14, 1981, which granted the defendants’ motions to dismiss the indictment, pursuant to CPL 30.30, for failure to prosecute. Order reversed, on the law, motions to dismiss denied, without prejudice to renew, indictment reinstated, and matter remitted to Criminal Term for further proceedings. The defendants’ original speedy trial motions were denied by Justice Eiber by order dated November 13, 1980. We find that her decision considered all adjournments up to and including the date of the decision.…