Legal Opinion
People v. Esposito
New York Supreme Court
Decided September 13, 1989PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Felice K. Shea, J.
Defendant John Esposito’s motion for an order dismissing the indictment against him on the ground that he has been *1086denied his right to a speedy trial under CPL 30.301 presents the question whether dismissal of a prior indictment under People v Cade (140 AD2d 99, adhered to on rearg 145 AD2d 565, lv granted 73 NY2d 975) bars the prosecution from claiming time otherwise excludable under CPL 30.30 (4) (a).
The Grand Jury which originally heard evidence in this case voted a true bill on June 22, 1988. Before filing the indictment, the prosecutor realized his…
2Cases cited12 opinions
- People v. LomaxNew York Court of Appeals · 1980
- People v. SinistajNew York Court of Appeals · 1986
- People v. OsgoodNew York Court of Appeals · 1980
- People v. WilkinsNew York Court of Appeals · 1986
- People v. CadeAppellate Division of the Supreme Court of the State of New York · 1988
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- People v. VarlackAppellate Division of the Supreme Court of the State of New York · 1992