People v. Silverio

Appellate Division of the Supreme Court of New York

People v. Silverio

276 A.D.2d 254, 714 N.Y.S.2d 16, 2000 N.Y. App. Div. LEXIS 9845

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

DecidedOctober 3, 2000

StatusPublished

This text of 276 A.D.2d 254 (People v. Silverio) 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. Silverio, 276 A.D.2d 254, 714 N.Y.S.2d 16, 2000 N.Y. App. Div. LEXIS 9845 (N.Y. Ct. App. 2000).

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Opinion

Judgment, Supreme Court, New York County (Herbert Adlerberg, J., and Harold Beeler, J., on speedy trial motions; Edward McLaughlin, J., at jury trial and sentence), rendered September 8, 1995, convicting defendant of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Defendant’s speedy trial motions were properly denied. The period from October 13, 1994 to November 17, 1994 was excludable. A fair reading of the record establishes that the attorney representing defendant for purposes of the October 13 calendar call agreed that the instant case be kept together with defendant’s additional indictment, so that the adjournment of the additional case for motion practice rendered the adjournment of the instant case excludable, even though the motions applied only to the additional case. In view of this determination, and since the motion courts found that the total amount of time chargeable to the People was only 168 days out of the 182 days in which they were required to be ready, it is unnecessary to consider a nine-day adjournment that is also at issue. Concur — Sullivan, P. J., Rosenberger, Lerner, Andrias and Friedman, JJ.

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Judgment, Supreme Court, New York County (Herbert Adlerberg, J., and Harold Beeler, J., on speedy trial motions; Edward McLaughlin, J., at jury trial and sentence), rendered September 8, 1995, convicting defendant of criminal possession of a controlled substance in the first degree, and sentencing him to a term of 15 years to life, unanimously affirmed.

Defendant’s speedy trial motions were properly denied. The period from October 13, 1994 to November 17, 1994 was excludable. A fair reading of the record establishes that the attorney representing defendant for purposes of the October 13 calendar call agreed that the instant case be kept together with defendant’s additional indictment, so that the adjournment of the additional case for motion practice rendered the adjournment of the instant case excludable, even though the motions applied only to the additional case. In view of this determination, and since the motion courts found that the total amount of time chargeable to the People was only 168 days out of the 182 days in which they were required to be ready, it is unnecessary to consider a nine-day adjournment that is also at issue. Concur — Sullivan, P. J., Rosenberger, Lerner, Andrias and Friedman, JJ.

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Bluebook (online)

276 A.D.2d 254, 714 N.Y.S.2d 16, 2000 N.Y. App. Div. LEXIS 9845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-silverio-nyappdiv-2000.