Legal Opinion · Dissent

People ex rel. Sykes v. Mitchell

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

Decided June 30, 1992Published

1Dissent

Sullivan, J. P.,

dissents in a memorandum as follows: While *469I agree that post-readiness delay chargeable to the People must be counted against them in calculating whether they are ready within the statutory period under CPL 30.30 (2), as well as CPL 30.30 (1) (cf., People v Anderson, 66 NY2d 529), it does not follow that petitioner is entitled to relief in this case.

The time began to run under CPL 30.30 (2) on February 2, 1991, when petitioner was arraigned on a felony complaint and remanded. As found by the trial court, the 26 days until February 28, 1991, when petitioner was arraigned on the…

2Cases cited11 opinions

  1. People v. AndersonNew York Court of Appeals · 1985
  2. People v. KinchenNew York Court of Appeals · 1983
  3. People v. WorleyNew York Court of Appeals · 1985
  4. People v. BrothersNew York Court of Appeals · 1980
  5. People v. SturgisNew York Court of Appeals · 1976

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