PEOPLE v. FREYTES, 48 N.Y.2d 645 (1979)

421 N.Y.S.2d 199, 396 N.E.2d 481

Court of Appeals of the State of New York.Argued September 10, 1979
Decided September 18, 1979

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, CHARLES G. TIERNEY, J.

Judith Preble and William E. Hellerstein for appellant.

Page 646

Mario Merola, District Attorney (Allen H. Saperstein an Steven R. Kartagener of counsel), for respondent.

Order reversed and the indictment dismissed. Since the facts underlying appellant’s speedy trial claim are concededly indistinguishable from the facts which we deemed sufficient to support such a claim in People v Moore (47 N.Y.2d 872), the result should be the same.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.