Legal Opinion

People v. Alincastre

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 2011Published

1Opinion of the Court

The People argue that, in granting the motion, the court improperly charged them with the full 39 days of a postreadiness adjournment, from February 26 to April 6, 2009, rather than the seven days they specifically requested. The People filed a notice of readiness dated November 15, 2007; thus, this matter is subject to the general rule that when the People request an adjournment after having previously answered ready for trial, they may be charged only with the time they specifically request and not any additional time attributable to the court’s grant of a longer adjournment for other…

2Cases cited5 opinions

  1. People v. BerkowitzNew York Court of Appeals · 1980
  2. People v. LiottaNew York Court of Appeals · 1992
  3. People v. DanielsAppellate Division of the Supreme Court of the State of New York · 1995
  4. People v. DelacruzAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. NunezAppellate Division of the Supreme Court of the State of New York · 2008

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