Legal Opinion
People v. McDermott
Criminal Court of the City of New York
Decided September 9, 1993Published
1Opinion of the Court
OPINION OF THE COURT
Eugene Schwartzwald, J.
The defendants in this case are charged with assaulting the complaining witness, who is allegedly retarded.
On February 3, 1993 both defendants were served desk appearance tickets relating to the incident.
On March 2, the defendants appeared in court in response to those tickets. This commenced the operation of a 90-day People’s trial readiness requirement under CPL 30.30 (1) (b) and (5) (b). At that time, no accusatory instruments had been filed pursuant to CPL 150.50 and the following 23-day adjournment must be charged to the People.
On March 25, the…
2Cases cited9 opinions
- People v. WorleyNew York Court of Appeals · 1985
- In re Edward B.New York Court of Appeals · 1992
- People v. PhillipeCriminal Court of the City of New York · 1989
- People v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1991
- People v. ReidoutNew York Supreme Court · 1988
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