People v. Baxter
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Case held, decision reserved and matter remitted to Onondaga County Court for further proceedings in accordance with the following Memorandum: The record does not establish whether defendant was present at the Sandoval hearing. Therefore, we reserve decision and remit the matter to Onondaga County Court for a reconstruction hearing (see, People v Mitchell, 189 AD2d 337).
The court properly denied defendant’s motion to dismiss the indictment pursuant to CPL 30.30. Defendant’s motion, served and made returnable on the first day of trial, was not made upon reasonable notice to the People (see,…
2Cases cited5 opinions
- People v. LawrenceNew York Court of Appeals · 1984
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HarvallAppellate Division of the Supreme Court of the State of New York · 1993
- People v. FordNew York Court of Appeals · 1990
- People v. WeaverAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by12 opinions
- People v. GoberdhanAppellate Division of the Supreme Court of the State of New York · 1998
- People v. BernhardtAppellate Division of the Supreme Court of the State of New York · 1996
- People v. WisdomAppellate Division of the Supreme Court of the State of New York · 2012
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BaxterAppellate Division of the Supreme Court of the State of New York · 1996
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