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Appellate Term, First Department: June 17, 2024

Decision & Orders released on:June 13, 2024

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By: Hagler, P.J., Tisch, James, JJ.

18-072. THE PEOPLE OF THE STATE OF NEW YORK, res v. ISAAC JOSEPH, def-app — Appeal from judgment of conviction (Joanne B. Watters, J., at speedy trial motion; Ann E. Scherzer, J., at trial and sentencing), rendered July 20, 2017, held in abeyance, and the matter remanded to Criminal Court, New York County, for further proceedings on defendant’s constitutional speedy trial motion. As the People concede, the motion court only addressed defendant’s speedy trial motion under the CPL 30.30 standard, and did not address defendant’s constitutional CPL 30.20 speedy trial argument. Since the People did not have an opportunity to respond to the motion, there is an insufficient record for appellate review. Accordingly, we remand the matter for further proceedings on the constitutional speedy trial motion (see People v. Crew, 121 AD2d 921 [1986]; People v. Chin, 65 Misc 3d 130[A], 2019 NY Slip Op 51558[U][App Term, 1st Dept 2019]; see also People v. Blue, 185 AD3d 510, 510-511 [2020], lv denied 35 NY3d 1111 [2020]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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