People v. Caballero

Appellate Division of the Supreme Court of New York

People v. Caballero

215 A.D.2d 230, 626 N.Y.S.2d 773, 1995 N.Y. App. Div. LEXIS 5181

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

DecidedMay 16, 1995

StatusPublished

Cited by1 cases

This text of 215 A.D.2d 230 (People v. Caballero) 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. Caballero, 215 A.D.2d 230, 626 N.Y.S.2d 773, 1995 N.Y. App. Div. LEXIS 5181 (N.Y. Ct. App. 1995).

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Opinion

Order, Su[231]*231preme Court, Bronx County (Lawrence Bernstein, J.), entered on or about December 17, 1993, which granted defendant’s motion to dismiss the indictment pursuant to CPL 30.30, unanimously affirmed.

It is undisputed that there were 158 days of includable time out of a permissible 184 days. In addition, the court properly included periods of time in which the People failed to exercise due diligence in executing a bench warrant (People v Bolden, 81 NY2d 146), including a 32-day period of total inaction following completion of any administrative processing of the warrant. Accordingly, we do not reach any other issue. Concur —Murphy, P. J., Sullivan, Rubin, Asch and Williams, JJ.

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Order, Su[231]*231preme Court, Bronx County (Lawrence Bernstein, J.), entered on or about December 17, 1993, which granted defendant’s motion to dismiss the indictment pursuant to CPL 30.30, unanimously affirmed.

It is undisputed that there were 158 days of includable time out of a permissible 184 days. In addition, the court properly included periods of time in which the People failed to exercise due diligence in executing a bench warrant (People v Bolden, 81 NY2d 146), including a 32-day period of total inaction following completion of any administrative processing of the warrant. Accordingly, we do not reach any other issue. Concur —Murphy, P. J., Sullivan, Rubin, Asch and Williams, JJ.

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Bluebook (online)

215 A.D.2d 230, 626 N.Y.S.2d 773, 1995 N.Y. App. Div. LEXIS 5181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caballero-nyappdiv-1995.

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