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Legal Opinion

People v. Zirpola

New York Court of Appeals

Decided September 3, 1982PublishedCited by 64 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), the order of the Appellate Division should be modified and the case remitted to the County Court, Erie County, for a hearing on exceptional circumstances (CPL 30.30, subd 4, par [g]).

The “exceptional circumstances” which may justify a delay in prosecution are explicitly “not limited to” cases where a continuance has been granted. The unavailability of a prosecution witness may be a sufficient justification for delay (cf. People v Goodman, 41 NY2d 888),…

2Cases cited6 opinions

  1. People v. BerkowitzNew York Court of Appeals · 1980
  2. People v. HavelkaNew York Court of Appeals · 1978
  3. People v. LomaxNew York Court of Appeals · 1980
  4. People v. OsgoodNew York Court of Appeals · 1980
  5. People v. WashingtonNew York Court of Appeals · 1977

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3Cited by64 opinions

  1. People v. PriceNew York Court of Appeals · 2010
  2. People v. ChardonAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. BoydAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. TwineCriminal Court of the City of New York · 1983
  5. Hobble by and Through Hobble v. BashamIndiana Court of Appeals · 1991

59 more not listed; retrieve them via the Exa API.

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