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People v. Cole

538 N.E.2d 336, 73 N.Y.2d 957, 540 N.Y.S.2d 984, 1989 N.Y. LEXIS 311
CourtNew York Court of Appeals
DecidedMarch 30, 1989
StatusPublished
Cited by29 cases

This text of 538 N.E.2d 336 (People v. Cole) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Cole, 538 N.E.2d 336, 73 N.Y.2d 957, 540 N.Y.S.2d 984, 1989 N.Y. LEXIS 311 (N.Y. 1989).

Opinion

[958]*958OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed.

The court should have granted the defendant’s motion to dismiss on speedy trial grounds (CPL 30.30). Defendant’s motion challenged the People’s assertion of readiness as illusory because they were unable to produce the complainant. The sworn allegations of fact essential to support defendant’s motion were conceded by the People when they failed to submit opposition papers contesting these allegations (People v Gruden, 42 NY2d 214). Under these circumstances the court is required by statute to grant the motion (CPL 210.45 [4] [c]; see also, People v Gonzalez, 116 AD2d 735).

Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, etc.

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Bluebook (online)
538 N.E.2d 336, 73 N.Y.2d 957, 540 N.Y.S.2d 984, 1989 N.Y. LEXIS 311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cole-ny-1989.