People v. Dunne

Appellate Division of the Supreme Court of New York

People v. Dunne

74 A.D.2d 878, 426 N.Y.S.2d 29, 1980 N.Y. App. Div. LEXIS 10666

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

DecidedMarch 17, 1980

StatusPublished

Cited by1 cases

This text of 74 A.D.2d 878 (People v. Dunne) 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. Dunne, 74 A.D.2d 878, 426 N.Y.S.2d 29, 1980 N.Y. App. Div. LEXIS 10666 (N.Y. Ct. App. 1980).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered April 18, 1977, convicting him of attempted sexual abuse in the first degree, upon a guilty plea, and imposing sentence. By order of this court dated January 29, 1979 the case was remanded to Criminal Term to hear and report on the issue of whether the defendant was denied a speedy trial, and the appeal was held in abeyance in the interim (People v Dunne, 67 AD2d 735). Criminal Term has now complied. Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The unwarranted 29-month delay between indictment and defendant’s guilty plea was unduly oppressive to the defendant. The indictment must be dismissed. Titone, J. P., Gulotta, Martuscello and O’Connor, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Suffolk County, rendered April 18, 1977, convicting him of attempted sexual abuse in the first degree, upon a guilty plea, and imposing sentence. By order of this court dated January 29, 1979 the case was remanded to Criminal Term to hear and report on the issue of whether the defendant was denied a speedy trial, and the appeal was held in abeyance in the interim (People v Dunne, 67 AD2d 735). Criminal Term has now complied. Judgment reversed, on the law, indictment dismissed and case remitted to the Supreme Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The unwarranted 29-month delay between indictment and defendant’s guilty plea was unduly oppressive to the defendant. The indictment must be dismissed. Titone, J. P., Gulotta, Martuscello and O’Connor, JJ., concur.

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Bluebook (online)

74 A.D.2d 878, 426 N.Y.S.2d 29, 1980 N.Y. App. Div. LEXIS 10666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dunne-nyappdiv-1980.

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