People v. Medina

Appellate Division of the Supreme Court of New York

People v. Medina

182 A.D.2d 507, 582 N.Y.S.2d 192, 1992 N.Y. App. Div. LEXIS 6074

Appellate Division of the Supreme Court of the State of New York·Decided April 16, 1992·Published·Cited by 1 cases

Opinion

Order, Supreme Court, Bronx County (Joseph A. Mazur, J.), entered May 6, 1991, which granted defendant’s CPL 30.30 motion to dismiss the indictment, unanimously affirmed.

The 56-day time period between August 6 and October 1, 1990 was properly charged to the People since the court clerk’s failure to produce the court file on three different adjourn dates for the arraignment did not prevent the People from making an affirmative representation of their readiness pursuant to CPL 30.30 (1) (People v Kendzia, 64 NY2d 331, 337; see also, People v Correa, 77 NY2d 930). Concur — Murphy, P. J., Sullivan, Rosenberger, Wallach and Rubin, JJ.

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Order, Supreme Court, Bronx County (Joseph A. Mazur, J.), entered May 6, 1991, which granted defendant’s CPL 30.30 motion to dismiss the indictment, unanimously affirmed.

The 56-day time period between August 6 and October 1, 1990 was properly charged to the People since the court clerk’s failure to produce the court file on three different adjourn dates for the arraignment did not prevent the People from making an affirmative representation of their readiness pursuant to CPL 30.30 (1) (People v Kendzia, 64 NY2d 331, 337; see also, People v Correa, 77 NY2d 930). Concur — Murphy, P. J., Sullivan, Rosenberger, Wallach and Rubin, JJ.

People v. Medina, 182 A.D.2d 507, 582 N.Y.S.2d 192, 1992 N.Y. App. Div. LEXIS 6074 (N.Y. Ct. App. 1992).

Pincite

182 A.D.2d 507 (People v. Medina) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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