People v. Sergi

Appellate Division of the Supreme Court of New York

People v. Sergi

79 A.D.2d 1035, 436 N.Y.S.2d 1006, 1981 N.Y. App. Div. LEXIS 9958

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

DecidedJanuary 26, 1981

StatusPublished

This text of 79 A.D.2d 1035 (People v. Sergi) 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. Sergi, 79 A.D.2d 1035, 436 N.Y.S.2d 1006, 1981 N.Y. App. Div. LEXIS 9958 (N.Y. Ct. App. 1981).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Nassau County, rendered June 25, 1979, convicting him of criminal sale of a controlled substance in the sixth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of defendant’s motions to dismiss the indictment for failure to prosecute (see CPL 30.30, subd 1). Case remitted to the County Court for a hearing before a different Judge on the speedy trial issue (see CPL 30.30) and appeal held in abeyance in the interim. In view of the possibility that the Trial Judge may be called as a witness, the hearing should be held before another Judge. Titone, J. P., Lazer, Gulotta and Margett, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Nassau County, rendered June 25, 1979, convicting him of criminal sale of a controlled substance in the sixth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, without a hearing, of defendant’s motions to dismiss the indictment for failure to prosecute (see CPL 30.30, subd 1). Case remitted to the County Court for a hearing before a different Judge on the speedy trial issue (see CPL 30.30) and appeal held in abeyance in the interim. In view of the possibility that the Trial Judge may be called as a witness, the hearing should be held before another Judge. Titone, J. P., Lazer, Gulotta and Margett, JJ., concur.

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Bluebook (online)

79 A.D.2d 1035, 436 N.Y.S.2d 1006, 1981 N.Y. App. Div. LEXIS 9958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sergi-nyappdiv-1981.