Legal Opinion

In re Leroy B.

New York City Family Court

Decided July 19, 1983PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Bruce M. Kaplan, J.

The Assistant District Attorney presenting a designated felony petition is not obligated to recite the ritualistic formula “Ready for trial” to signify her ability to proceed to hearing in order to avoid the onerous consequences of the speedy trial statute. For this reason respondent’s motion to dismiss pursuant to CPL 30.30 is denied.

CPL 30.30 (subd 1, par [a]) requires the People to be ready for trial within six months of the commencement of a criminal action wherein the respondent is charged with a felony.

In the present case respondent was arraigned…

2Cases cited9 opinions

  1. People v. ParkerNew York Court of Appeals · 1982
  2. People v. NixonNew York Court of Appeals · 1967
  3. People v. LomaxNew York Court of Appeals · 1980
  4. People v. RickertNew York Court of Appeals · 1983
  5. People v. HamiltonNew York Court of Appeals · 1979

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3Cited by1 opinion

  1. In re Arielle B.Appellate Division of the Supreme Court of the State of New York · 2005

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