People v. Weinberg

59 A.D.2d 727, 398 N.Y.S.2d 360, 1977 N.Y. App. Div. LEXIS 13714

Opinion

Appeal by the People from an order of the Supreme Court, Queens County, dated February 2, 1977, which granted defendant-respondent’s oral motion to dismiss the indictment on the ground that he had been denied a speedy trial. Order reversed, on the law, motion denied, and indictment reinstated, without prejudice to renewal of the motion upon compliance with CPL 210.45. A motion pursuant to CPL 210.20 to dismiss an indictment for failure to grant a defendant a speedy trial must be made in writing and upon reasonable notice to the People (CPL 210.45; People v Ryan, 42 AD2d 869). Hopkins, J. P., Latham, Margett and Suozzi, JJ., concur.