The following excerpt is from People v. Torres, 2004 NY Slip Op 51018(U) (NY 9/13/2004), 2004 NY Slip Op 51018(U) (N.Y. 2004):
Here, the People asserted the existence of a written agreement with an express waiver of all speedy trial rights, but they are unable to produce the agreement. Moreover, the note which memorializes the agreement does not contain a reference to a waiver. As such, the People have not established and cannot establish defendant's waiver of his speedy trial rights (see, People v. Moulton,
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