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Legal Opinion

People v. Fulcher

Criminal Court of the City of New York

Decided December 5, 1978PublishedCited by 5 opinions

1Opinion of the Court

*240OPINION OF THE COURT

Herbert Altman, J.

The defendant has moved to dismiss the information against him on the ground that he has been denied his right to a speedy trial as provided for in CPL 30.30. The issue to be decided, which has not heretofore been decided by any court, is whether the granting by the Supreme Court of a motion by the People pursuant to CPL 180.40 returning a felony complaint to the Criminal Court is tantamount to the conversion of that complaint to a misdemeanor information within the meaning of CPL 30.30 (subd 5, par [c]).

The defendant was charged, by felony complaint,…

2Cases cited9 opinions

  1. People v. SturgisNew York Court of Appeals · 1976
  2. People v. SaundersCriminal Court of the City of New York · 1975
  3. People v. MolletteNew York Supreme Court · 1976
  4. People v. CahillAppellate Division of the Supreme Court of the State of New York · 1976
  5. People v. LupoCriminal Court of the City of New York · 1973

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

3Cited by5 opinions

  1. People v. CallenderCriminal Court of the City of New York · 1979
  2. People v. StoneburnerSyracuse City Court · 1985
  3. People v. HarrisCriminal Court of the City of New York · 1990
  4. People v. GarrettSyracuse City Court · 1983
  5. People v. SimmonsRochester City Court · 1999

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