Legal Opinion

People v. Jones

New York Court of Appeals

Decided July 8, 1986PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the indictment dismissed.

Lengthy postreadiness delays attributable to defendant do not constitute an "exceptional fact or circumstance” within the meaning of CPL 30.30 (3) (b) sufficient to excuse adjournments resulting from the trial assistant’s planned European vacation. Such an adjournment, here amounting to 28 days, is clearly chargeable to the People (see, e.g., People v Warren, 85 AD2d 747 [shortage of personnel]; People v McCaffery, 78 AD2d 1003 [illness of prosecutor]), especially, as here, where…

2Cases cited3 opinions

  1. People v. AndersonNew York Court of Appeals · 1985
  2. Peolpe v. McCafferyAppellate Division of the Supreme Court of the State of New York · 1980
  3. People v. WarrenAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by20 opinions

  1. People v. CaussadeAppellate Division of the Supreme Court of the State of New York · 1990
  2. People v. BoydAppellate Division of the Supreme Court of the State of New York · 1993
  3. People v. ThomasAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. MyersAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. LopezCriminal Court of the City of New York · 1996

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