People v. Burney

Appellate Division of the Supreme Court of New York

People v. Burney

90 A.D.2d 959, 456 N.Y.S.2d 894, 1982 N.Y. App. Div. LEXIS 19235

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 9, 1982

StatusPublished

Cited by4 cases

This text of 90 A.D.2d 959 (People v. Burney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Burney, 90 A.D.2d 959, 456 N.Y.S.2d 894, 1982 N.Y. App. Div. LEXIS 19235 (N.Y. Ct. App. 1982).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant’s motion to dismiss pursuant to CPL 30.30 was properly denied without a hearing. Under the calendar rules of Monroe County, the People “communicate[d] readiness for trial” (see People v Hamilton, 46 NY2d 932,933) when the case was placed upon the Trial Calendar by the court without objection by the District Attorney (People v Passero, 83 AD2d 769, application for lv to app-den 54 NY2d 765; see, also, People v Campbell, 90 AD2d 967; People v Kellerson, 84 AD2d 965, application for lv to app den 55 NY2d 830; People v Everett, 75 AD2d 1026, application for lv to app den 50 NY2d 1001; and cf. People v Brothers, 50 NY2d 413). We have considered defendant’s other points and find them to be without merit. (Appeal from judgment of Monroe County Court, Bergin, J. — criminal possession of a forged instrument, second degree.) Present — Dillon, P. J., Simons, Callahan, Boomer and Schnepp, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant’s motion to dismiss pursuant to CPL 30.30 was properly denied without a hearing. Under the calendar rules of Monroe County, the People “communicate[d] readiness for trial” (see People v Hamilton, 46 NY2d 932,933) when the case was placed upon the Trial Calendar by the court without objection by the District Attorney (People v Passero, 83 AD2d 769, application for lv to app-den 54 NY2d 765; see, also, People v Campbell, 90 AD2d 967; People v Kellerson, 84 AD2d 965, application for lv to app den 55 NY2d 830; People v Everett, 75 AD2d 1026, application for lv to app den 50 NY2d 1001; and cf. People v Brothers, 50 NY2d 413). We have considered defendant’s other points and find them to be without merit. (Appeal from judgment of Monroe County Court, Bergin, J. — criminal possession of a forged instrument, second degree.) Present — Dillon, P. J., Simons, Callahan, Boomer and Schnepp, JJ.

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Bluebook (online)

90 A.D.2d 959, 456 N.Y.S.2d 894, 1982 N.Y. App. Div. LEXIS 19235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burney-nyappdiv-1982.

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