Court of Appeals of New York

In this case involving a period of prosecutorial inaction and delay, the Appellate Term reversed the Criminal Court's decision granting defendant's motion to dismiss, finding that the People had no obligation to advance the case to an earlier date upon receiving a certificate denying leave to appeal, and finding that the period from May 10, 2010 to August 23, 2010 was automatically excludable as time resulting from an appeal under CPL 30.30(4)(a). The judgment of the Appellate Term is reversed and the order of the Criminal Court reinstated, where the People provided no justification on the record for any "reasonable period of delay" under CPL 30.30(4)(a) to be added to the 90 days provided under CPL 30.30(1)(b).

Appellate Information

• Decided 10/16/2014
• Published 10/16/2014

Judges

Court

• Court of Appeals of New York

Counsel