Legal Opinion
People v. Lewins
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 2017No. 4282 4766/15PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Michael J. Obus, J.), entered on or about March 16, 2016, which granted defendant’s CPL 30.30 motion to dismiss the indictment, unanimously reversed, on the law and the facts, the indictment reinstated, and the matter remanded for further proceedings.
The period between January 24 and March 17, 2015, which is dispositive of defendant’s speedy trial motion, should not have been charged to the People. Contrary to the court’s conclusion, defense counsel clearly expressed consent to the exclusion of the relevant period in emails to the prosecutor on March 16…
2Cases cited4 opinions
- People v. LiottaNew York Court of Appeals · 1992
- People v. WaldronNew York Court of Appeals · 2006
- People v. DickinsonNew York Court of Appeals · 2011
- People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by6 opinions
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2020
- People v. StraussAppellate Division of the Supreme Court of the State of New York · 2020
- People v. MiddletonAppellate Division of the Supreme Court of the State of New York · 2024
- People v. MiddletonAppellate Division of the Supreme Court of the State of New York · 2024
- People v. RosaAppellate Division of the Supreme Court of the State of New York · 2019
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