PEOPLE v. OLIVERI (2007)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. John OLIVERI, Jr., Defendant-Appellant.

Decided: December 06, 2007

LIPPMAN, P.J., NARDELLI, BUCKLEY, GONZALEZ, SWEENY, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Jennifer Eisenberg of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Tracy Siligmueller of counsel), for respondent.

Appeal from judgment, Supreme Court, Bronx County (Steven L. Barrett, J. at speedy trial motion; Edward M. Davidowitz, J. at nonjury trial and sentence), rendered July 19, 2004, convicting defendant of tampering with a witness in the fourth degree, and sentencing him to a term of 1 year, held in abeyance, and the matter remanded to Supreme Court, Bronx County, for further proceedings on defendant's speedy trial motion.

Since, as the People concede, defendant's motion was timely, the court should not have summarily rejected it (see e.g. People v. Gaillard, 252 A.D.2d 357, 675 N.Y.S.2d 535 [1998] ). Since the People also concede that they have a file-stamped copy of the motion, we conclude that the motion was properly filed. The People's present claim that they did not receive reasonable notice of the motion (see CPL 210.45[1] ) is unpreserved and unavailing.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law