People v. Nowakowski

New York Court of Appeals

People v. Nowakowski

402 N.E.2d 1162, 49 N.Y.2d 723, 426 N.Y.S.2d 261, 1980 N.Y. LEXIS 2094

CourtNew York Court of Appeals

DecidedFebruary 5, 1980

StatusPublished

Cited by3 cases

This text of 402 N.E.2d 1162 (People v. Nowakowski) 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. Nowakowski, 402 N.E.2d 1162, 49 N.Y.2d 723, 426 N.Y.S.2d 261, 1980 N.Y. LEXIS 2094 (N.Y. 1980).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified and the case remitted to County Court for reconsideration of the CPL 30.30 motion to dismiss the indictment following an appropriate hearing.

We conclude that it was error for the court to have disposed of the motion to dismiss in this instance, disclosing on its face an extended delay, on the inadequate, skeletal record before it.

Accordingly, the case should be remitted to County Court for a hearing and reconsideration of the motion. If the court then denies the motion, the judgment of conviction should be [725]*725amended to reflect such denial, thereby to provide an appealable paper. If the motion is granted the resulting order dismissing the indictment would similarly support an appeal.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order modified and the case remitted to Chemung County Court for further proceedings in accordance with the memorandum herein and, as so modified, affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI