People v. Kastner

132 A.D.3d 420, 17 N.Y.S.3d 288
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 6, 2015
Docket15770 4712/10
StatusPublished

This text of 132 A.D.3d 420 (People v. Kastner) 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. Kastner, 132 A.D.3d 420, 17 N.Y.S.3d 288 (N.Y. Ct. App. 2015).

Opinion

Judgment, Supreme Court, New York County (Jill Konviser, J., at speedy trial motion; Daniel P. FitzGerald, J., at jury trial and sentencing), convicting defendant of two counts of scheme to defraud in the first degree, and sentencing him to concurrent terms of one year, unanimously affirmed.

The court properly denied defendant’s speedy trial motion.

The period from November 16 to December 6, 2010 was correctly excluded as a reasonable time to prepare after the court’s decision on defendant’s motions (see CPL 30.30 [4] [a]; People v Davis, 80 AD3d 494 [1st Dept 2011]). The period from January 18 to February 1, 2011 was also correctly excluded since defense counsel actively participated in setting the adjourned date and sought a longer adjournment for his own convenience (see CPL 30.30 [4] [b]; People v Matthews, 227 AD2d 313 [1st Dept 1996], lv denied 88 NY2d 989 [1996]).

Concur — Gonzalez, P.J., Mazzarelli, Sweeny, Richter and Manzanet-Daniels, JJ.

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Related

People v. Davis
80 A.D.3d 494 (Appellate Division of the Supreme Court of New York, 2011)
People v. Matthews
227 A.D.2d 313 (Appellate Division of the Supreme Court of New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
132 A.D.3d 420, 17 N.Y.S.3d 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kastner-nyappdiv-2015.