People v. Moorhead

opinion of the court

Memorandum.

The order of the Appellate Term should be reversed and defendant’s motion to dismiss on speedy trial grounds (CPL 30.30) denied.

Defendant was charged with a violation of subdivision 2 of section 1192 of the Vehicle and Traffic Law. While the prosecution was pending he made several pretrial motions.

Relevant here are motions he made on the eve of trial dates previously set. In each case the court took the motions under advisement, necessarily adjourning the trial. When the court subsequently decided the motions, it set a new trial date in its decisions. Upon the…