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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HECTOR RODRIGUEZ, Appellant.

The trial court properly denied, without a hearing, defendant's motion to dismiss the indictments for violation of his constitutional right to a speedy trial (CPL 30.20), given motion papers that did not raise any issue of fact on a material point, and it properly applied the standards set forth in People v Taranovich ( 37 N.Y.2d 442) in finding that there was no violation of defendant's constitutional right to speedy trial (see, People v Gonzalez, 177 A.D.2d 418). We have considered defendant's remaining claim and find it to be without merit.

Concur — Ellerin, J.P., Kupferman, Rubin and Nardelli, JJ.

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PEOPLE v. RODRIGUEZ
(Dec 13, 1994)