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Legal Opinion

People v. Cruz

New York Supreme Court

Decided February 14, 1984PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

Norman C. Ryp, J.

FULCRUM ISSUE — ABSENT INDICTMENT

EQUAL TO ABSENT DEFENDANT?

Whether excludable time, under CPL 30.30 (subd 4), upon an original indictment necessarily carries over in favor of the People upon filing a superseding indictment?

No, unless the excludable ground(s) delay(s), impede(s), or prevent(s) the filing of the superseding indictment, in first application of People v Colon (59 NY2d 921, 923).

Defendant, Andre Cruz (Cruz), has moved pursuant to CPL 210.20 (subd 1, par [g]) to dismiss the indictment (No. *317505/83) on the ground that the defendant has been…

2Cases cited17 opinions

  1. People v. BerkowitzNew York Court of Appeals · 1980
  2. People v. LomaxNew York Court of Appeals · 1980
  3. People v. OsgoodNew York Court of Appeals · 1980
  4. People v. SturgisNew York Court of Appeals · 1976
  5. People v. ColonNew York Court of Appeals · 1983

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

3Cited by5 opinions

  1. People v. CruzAppellate Division of the Supreme Court of the State of New York · 1985
  2. People v. GelfandNew York Supreme Court · 1986
  3. People ex rel. Calvert v. SchallNew York Supreme Court · 1987
  4. People v. ChiricoNew York Supreme Court · 1989
  5. Neal v. WhiteAppellate Division of the Supreme Court of the State of New York · 2007

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