People v. Bryant

Titone, J. (dissenting).

I agree with the County Court’s conclusion after a Townsend hearing (People v Townsend, 38 AD2d 569), that insufficient evidence was adduced thereat to sustain the People’s claim that the seven-month delay between the alleged sale by defendant was justiñed by an "ongoing” or "continuing” investigation, and a need to protect the identity of the informer and the undercover police officer.

The majority is of the opinion that the statutory requirement of showing "exceptional circumstances” is inapplicable (see CPL 30.30, subd 4, par [g]). However, in People v Washington (43…