People v. Lester

Appellate Division of the Supreme Court of New York

People v. Lester

78 A.D.2d 579, 432 N.Y.S.2d 563, 1980 N.Y. App. Div. LEXIS 12960

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

DecidedSeptember 26, 1980

StatusPublished

Cited by3 cases

This text of 78 A.D.2d 579 (People v. Lester) 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. Lester, 78 A.D.2d 579, 432 N.Y.S.2d 563, 1980 N.Y. App. Div. LEXIS 12960 (N.Y. Ct. App. 1980).

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Opinion

Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Trial court’s denial of defendant’s

[580]*580motion for dismissal of his indictment pursuant to CPL 30.30 was error. It is uncontradicted that more than 11 months not attributable to defendant elapsed between the filing of the felony complaint on May 21, 1975 and the statement on the record by the People that they were ready for trial on August 3, 1976. Trial court held that the People had complied with the statutory requirement based on the prosecutor’s unsubstantiated assertion that he had been ready for trial on October 31, 1975. This was improper. To establish readiness the prosecutor must submit to the hearing court "record proof of * * * contemporaneous communication of his readiness” (People v Brothers, 50 NY2d 413, 416, citing People v Hamilton, 46 NY2d 932, 933). In view of respondent’s concession at argument that there was no record statement of readiness prior to August 3, 1976, a hearing would serve no purpose. We find appellant’s moving papers sufficient. (Appeal from judgment of Monroe Supreme Court—criminal possession weapon, third degree.) Present—Dillon, P. J., Hancock, Jr., Schnepp, Doerr and Moule, JJ.

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Judgment unanimously reversed, on the law and facts, and indictment dismissed. Memorandum: Trial court’s denial of defendant’s

[580]*580motion for dismissal of his indictment pursuant to CPL 30.30 was error. It is uncontradicted that more than 11 months not attributable to defendant elapsed between the filing of the felony complaint on May 21, 1975 and the statement on the record by the People that they were ready for trial on August 3, 1976. Trial court held that the People had complied with the statutory requirement based on the prosecutor’s unsubstantiated assertion that he had been ready for trial on October 31, 1975. This was improper. To establish readiness the prosecutor must submit to the hearing court "record proof of * * * contemporaneous communication of his readiness” (People v Brothers, 50 NY2d 413, 416, citing People v Hamilton, 46 NY2d 932, 933). In view of respondent’s concession at argument that there was no record statement of readiness prior to August 3, 1976, a hearing would serve no purpose. We find appellant’s moving papers sufficient. (Appeal from judgment of Monroe Supreme Court—criminal possession weapon, third degree.) Present—Dillon, P. J., Hancock, Jr., Schnepp, Doerr and Moule, JJ.

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Bluebook (online)

78 A.D.2d 579, 432 N.Y.S.2d 563, 1980 N.Y. App. Div. LEXIS 12960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lester-nyappdiv-1980.

Opinion

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