People v. Hernandez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*803When a defendant is accused of a felony, the indictment must be dismissed unless the People are ready for trial within six months of the commencement of the criminal action (see CPL 30.30 [1] [a]; People v Sinanaj, 291 AD2d 513 [2002]). With respect to periods of delay that occur following the People’s statement of readiness, any period of an adjournment in excess of that actually requested by the People is excluded (see People v Carter, 91 NY2d 795, 799 [1998]; People v Cortes, 80 NY2d 201, 210 [1992]; People v Williams, 32 AD3d 403, 404-405 [2006]; People v Nielsen, 306 AD2d 500, 501…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BaldiNew York Court of Appeals · 1981
- People v. BeneventoNew York Court of Appeals · 1998
- People v. RiveraNew York Court of Appeals · 1988
- People v. GallowayNew York Court of Appeals · 1981
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3Cited by15 opinions
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- People v. YoungAppellate Division of the Supreme Court of the State of New York · 2013
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2013
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