Legal Opinion
People v. Herrara
Appellate Division of the Supreme Court of the State of New York
Decided September 23, 1991PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
On January 26, 1989, the prosecutor and the defendant’s *86attorney appeared in the Supreme Court, Queens County. The prosecutor, after noting that the People had declared their readiness for trial on numerous prior occasions, informed the Judge that the "complainant [had] become disheartened by the delays”, and owing to the apparent reluctance of the State’s primary witness, the People were not ready to proceed.
In response, the Judge declared that "[t]he case is over 400 days old; I’m not carrying it”. Addressing the prosecutor, the Judge continued, "I’m going to dismiss…
3Cases cited8 opinions
- People v. BrownNew York Court of Appeals · 1976
- People v. KeeffeNew York Court of Appeals · 1980
- Santangello v. PeopleNew York Court of Appeals · 1976
- People v. CoppaNew York Court of Appeals · 1978
- People ex rel. Frazier v. FoggAppellate Division of the Supreme Court of the State of New York · 1986
3 more not listed; retrieve them via the Exa API.
4Cited by2 opinions
- People v. ValleAppellate Division of the Supreme Court of the State of New York · 1993
- People v. AustinAppellate Division of the Supreme Court of the State of New York · 1994