Legal Opinion · Concurrence
People v. Hodges
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 2004Published
1ConcurrenceS. Miller, J.
The People contend, and my colleagues agree, that the period from November 15, 2000, to November 20, 2001, during which the City was appealing the denial of its petition to quash the subpoenas and the prosecution was litigating the CPLR article 78 proceeding to prohibit the enforcement of the orders which, inter alia, denied the City’s petition, should have been excluded as “other matter” concerning the defendant pursuant to CPL 30.30 (4) (a), and that the pendency of these proceedings was excludable as an exceptional circumstance pursuant to CPL 30.30 (4) (g). I do not agree. The proceedings…
2Cases cited16 opinions
- People v. CortesNew York Court of Appeals · 1992
- People v. LiottaNew York Court of Appeals · 1992
- People v. GossNew York Court of Appeals · 1996
- People v. CelestinoAppellate Division of the Supreme Court of the State of New York · 1994
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1996
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