Legal Opinion

People v. Lucero

Criminal Court of the City of New York

Decided September 4, 2008Published

1Opinion of the Court

OPINION OF THE COURT

Elisa S. Koenderman, J.

*413The defendant, Jonathan Lucero, moves to dismiss the charges against him on the ground that he has been denied his right to a speedy trial pursuant to CPL 30.30 (1) (c), alleging that more than 60 days have elapsed since his arraignment. The People counter that only 52 days are chargeable to them, contending that a 12-day adjournment occasioned by a death in the arresting officer’s immediate family is excludable under CPL 30.30 (4) (g) as delay occasioned by exceptional circumstances. Because this court agrees that only 52 days are chargeable to the…

2Cases cited24 opinions

  1. People v. KendziaNew York Court of Appeals · 1985
  2. People v. AndersonNew York Court of Appeals · 1985
  3. People v. CortesNew York Court of Appeals · 1992
  4. People v. SinistajNew York Court of Appeals · 1986
  5. People v. WorleyNew York Court of Appeals · 1985

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