The following excerpt is from People ex rel. Walker v. Cleary, 368 N.Y.S.2d 984, 82 Misc.2d 170 (N.Y. Cty. Ct. 1975):
As to the failure of the relator to request a revocation hearing, the speedy trial factors in Barker give way on this point to the governing rule in New York first pronounced in People v. Prosser, 309 N.Y. 353, 130 N.E.2d 891, and restated in People v. Minicone, 28 N.Y.2d 279, 321 N.Y.S.2d 570, 270 N.E.2d 300. 'The obligation is on the prosecutor to move the trial promptly and no demand by the accused is required to actuate this obligation.' (People v. Minicone, 28 N.Y.2d 279, 281, 321 N.Y.S.2d 570, 572, 270 N.E.2d 300, 301)
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