People v. Schuster

Appellate Division of the Supreme Court of New York

People v. Schuster

19 A.D.2d 854, 243 N.Y.S.2d 966, 1963 N.Y. App. Div. LEXIS 3026

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

DecidedOctober 31, 1963

StatusPublished

This text of 19 A.D.2d 854 (People v. Schuster) 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. Schuster, 19 A.D.2d 854, 243 N.Y.S.2d 966, 1963 N.Y. App. Div. LEXIS 3026 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order unanimously reversed, indictment reinstated, and matter remitted to Brie County Court for further proceedings in accordance with memorandum. Memorandum: We find that the exercise of sound discretion required a hearing to determine whether the conduct of the defendant during the period from the issuance of the warrant to the time of his arrest constituted a waiver of his right to a speedy trial, as well as whether the conduct of the law enforcement agencies during that same period was such as to deny the defendant a speedy trial. (Appeal by People from order of Erie County Court dismissing Indictment No. 28169 as to defendant Schuster.) Present — Bastow, J. P., Goldman, Henry and Noonan, JJ.

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Order unanimously reversed, indictment reinstated, and matter remitted to Brie County Court for further proceedings in accordance with memorandum. Memorandum: We find that the exercise of sound discretion required a hearing to determine whether the conduct of the defendant during the period from the issuance of the warrant to the time of his arrest constituted a waiver of his right to a speedy trial, as well as whether the conduct of the law enforcement agencies during that same period was such as to deny the defendant a speedy trial. (Appeal by People from order of Erie County Court dismissing Indictment No. 28169 as to defendant Schuster.) Present — Bastow, J. P., Goldman, Henry and Noonan, JJ.

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Bluebook (online)

19 A.D.2d 854, 243 N.Y.S.2d 966, 1963 N.Y. App. Div. LEXIS 3026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-schuster-nyappdiv-1963.