People v Fuina
2008 NY Slip Op 09095 [56 AD3d 683]
November 18, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


The People of the State of New York, Appellant,
v
Kenneth Fuina, Respondent.

—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Robert K. Sauer and Anthony J. Servino of counsel), for appellant.

Murray Richman, Bronx, N.Y. (Jeffrey P. Chartier of counsel), for respondent.

Appeal by the People from an order of the County Court, Westchester County (Cohen, J.), entered October 2, 2007, which granted the defendant's motion to dismiss the indictment on speedy trial grounds.

Ordered that the order is affirmed.

Under the particular circumstances of this case, the County Court correctly granted the defendant's motion to dismiss the indictment on speedy trial grounds. Prudenti, P.J., Mastro, Fisher and Dillon, JJ., concur.