Legal Opinion

People v. Rodriguez

Appellate Division of the Supreme Court of the State of New York

Decided April 28, 1995PublishedCited by 4 opinions

1Opinion of the Court

Order unanimously affirmed. Memorandum: County Court properly granted defendant’s motion to dismiss the indictment on speedy trial grounds (see, CPL 30.30 [1] [a]). The People concede that the court properly charged them with pre-indictment delay of 175 days. The People also concede that the Grand Jury minutes were provided to the court 44 days after the People received defendant’s motion seeking their inspection. We reject the People’s argument that the 44 days must be excluded because of the pendency of defense counsel’s motions (see, People v Roscoe, 210 AD2d 1003). Even if a reasonable…

2Cases cited3 opinions

  1. People v. HarrisNew York Court of Appeals · 1993
  2. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. RoscoeAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by4 opinions

  1. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
  2. People v. BurwellAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. DaleyAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1996

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