PEOPLE v. HURLEY

Judgment unanimously reversed on the law, sentence vacated and indictment dismissed. Memorandum: Upon remittitur to Cayuga County Court for a hearing to determine the facts relating to defendant's speedy trial claim (People v Hurley, 124 A.D.2d 1016), the hearing court determined that defendant's speedy trial rights were violated. This determination not having been challenged on appeal, reversal is required.