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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM BURNEY, Appellant.

Judgment unanimously affirmed. Memorandum: Defendant's motion to dismiss pursuant to CPL 30.30 was properly denied without a hearing. Under the calendar rules of Monroe County, the People "communicate[d] readiness for trial" (see People v Hamilton, 46 N.Y.2d 932, 933) when the case was placed upon the Trial Calendar by the court without objection by the District Attorney ( People v Passero, 83 A.D.2d 769, application for lv to app den 54 N.Y.2d 765; see, also, People v Campbell, 90 A.D.2d 967; People v Kellerson, 84 A.D.2d 965, application for lv to app den 55 N.Y.2d 830; People v Everett, 75 A.D.2d 1026, application for lv to app den 50 N.Y.2d 1001; and cf. People v Brothers, 50 N.Y.2d 413). We have considered defendant's other points and find them to be without merit.

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PEOPLE v. BURNEY
(Nov 9, 1982)