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PEOPLE v. HURLEY

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 10, 1986

Case held, decision reserved and matter remitted to Cayuga County Court for further proceedings, in accordance with the following memorandum: Defendant appeals his conviction, after jury trial, of assault in the second degree on the ground that he was denied his right to a speedy trial (CPL 30.30). Since the record before us does not establish when the People communicated their readiness to the court (see, People v Kendzia, 64 N.Y.2d 331, 337), nor what excludable time the People claim under CPL 30.30 (4), the matter must be remitted for a hearing and appropriate findings (People v Horney, 99 A.D.2d 886, 887; People v Simpson, 66 A.D.2d 1008).