Opinion
December 5, 1994
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the matter is remitted to the Supreme Court, Queens County, to hear and report on the defendant's motion to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial pursuant to CPL 30.30, and the appeal is held in abeyance in the interim; the Supreme Court shall file its report with all convenient speed.
Since the People in their answering papers, as well as the Supreme Court, relied on this Court's opinion and order in People v Bolden ( 174 A.D.2d 111), in determining the defendant's motion to dismiss the indictment pursuant to CPL 30.30, and that order was subsequently reversed by the Court of Appeals (People v Bolden, 81 N.Y.2d 146), the appeal is held in abeyance and the matter is remitted to the Supreme Court, Queens County, for a de novo hearing on the defendant's motion (see, People v Wiggins, 194 A.D.2d 840; People v Davis, 184 A.D.2d 575; cf., People v Mace, 206 A.D.2d 296). Copertino, J.P., Pizzuto, Santucci and Florio, JJ., concur.