The People of the State of New York, Respondent, v. James Williams, Defendant–Appellant. (2017)

Supreme Court, Appellate Division, First Department.

The People of the State of New York, Respondent, v. James Williams, Defendant–Appellant.

2861

Decided: January 26, 2017

Acosta, J.P., Mazzarelli, Feinman, Webber, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sabrina Margret Bierer of counsel), for respondent.

Judgment, Supreme Court, New York County (Maxwell Wiley, J. at motions; Ruth Pickholz, J. at jury trial and sentencing), rendered July 8, 2014, convicting defendant of robbery in the first degree, and sentencing him, as a second felony offender, to a term of 12 years, unanimously reversed, on the law, and the indictment dismissed.

The People concede that defendant's CPL 30.30 motion should have been granted. The People acknowledge that the record fails to support exclusion of a dispositive six-week period of delay on the ground of consent (see People v. Barden, 27 NY3d 550, 554–556 [2016] ).

CLERK

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