Legal Opinion

People v. Day

New York Supreme Court

Decided March 17, 1988PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Felice K. Shea, J.

The issue presented on this motion to dismiss an indictment pursuant to CPL 30.30 is whether or not the prosecutor has *223six months in which to announce readiness when an indictment containing a felony charge against one defendant and misdemeanors against other defendants is dismissed and then a superseding indictment is filed against only the defendants charged with misdemeanors.

On November 5, 1986 an indictment was filed which charged James Day, Gilbert Ortiz and Thomas Murphy, all police officers, with two class A misdemeanors and Albert Smolinski, a…

2Cases cited20 opinions

  1. People v. GoetzNew York Court of Appeals · 1986
  2. People v. LomaxNew York Court of Appeals · 1980
  3. People v. SinistajNew York Court of Appeals · 1986
  4. People v. OsgoodNew York Court of Appeals · 1980
  5. People v. WorleyNew York Court of Appeals · 1985

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3Cited by2 opinions

  1. People v. JonesAppellate Terms of the Supreme Court of New York · 1991
  2. People v. MatuteCriminal Court of the City of New York · 1988

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