Legal Opinion

People v. Stirrup

New York Court of Appeals

Decided April 7, 1998PublishedCited by 61 opinions

1Opinion of the Court

OPINION OF THE COURT

ClPARICK, J.

This appeal involves a motion to dismiss an indictment for the People’s failure to meet the ready-trial requirements of CPL 30.30. The chief issue presented is whether, under CPL 30.30 (5) (b), a criminal action may be deemed to commence for ready-trial purposes when a defendant “appears” at a courthouse in response to a desk appearance ticket, but an accusatory instrument has not yet been filed. We must also decide whether, when the People’s lack of readiness has necessitated an adjournment, a subsequent statement of readiness can save the People from…

2Cases cited13 opinions

  1. People v. KendziaNew York Court of Appeals · 1985
  2. People v. CortesNew York Court of Appeals · 1992
  3. People v. EnglandNew York Court of Appeals · 1994
  4. People v. SturgisNew York Court of Appeals · 1976
  5. People v. LiottaNew York Court of Appeals · 1992

8 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. Hoffler v. BezioCourt of Appeals for the Second Circuit · 2013
  2. People v. BrownNew York Court of Appeals · 2016
  3. People v. ChavisNew York Court of Appeals · 1998
  4. The People v. Scott BardenNew York Court of Appeals · 2016
  5. People v. AndersonAppellate Division of the Supreme Court of the State of New York · 1998

56 more not listed; retrieve them via the Exa API.

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