People v. Barber
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Defendant’s motion to dismiss the indictment on speedy trial grounds (see, CPL 30.30) was properly denied. The motion was not made upon reasonable notice to the People as required by CPL 210.45 (1) (see, People v Weaver, 162 AD2d 486, 487, lv denied 76 NY2d 868; see also, People v Lawrence, 64 NY2d 200). Moreover, the sworn allegations in support of the motion failed to establish entitlement to dismissal of the indictment (see, CPL 210.45 [4], [5]; People v Lomax, 50 NY2d 351, 357). In any event, the record establishes that the People announced…
2Cases cited11 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. AlvinoNew York Court of Appeals · 1987
- People v. KendziaNew York Court of Appeals · 1985
- People v. LomaxNew York Court of Appeals · 1980
- People v. KanNew York Court of Appeals · 1991
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3Cited by2 opinions
- People v. AfrikaNew York Supreme Court · 1996
- People v. SulayaoAppellate Division of the Supreme Court of the State of New York · 2009