Legal Opinion

People v. Lauriano

Criminal Court of the City of New York

Decided January 4, 2012Published

1Opinion of the Court

*143OPINION OF THE COURT

Frank P. Nervo, J.

Defendant moves to dismiss the information under CPL 30.30 (1) (b), asserting that more than 90 days has elapsed from the beginning of the criminal action’s commencement. Although defendant’s attorney neglected to sign his affirmation in support of the motion, the People do not raise an objection to this omission, and the court will overlook it.

The People concede that 52 days are chargeable to them. However, they argue that an additional 60-day period, from August 11, 2011 to October 19, 2011, which defendant argues is chargeable to the People, is…

2Cases cited3 opinions

  1. People v. NotholtAppellate Division of the Supreme Court of the State of New York · 1997
  2. People v. SuarezAppellate Division of the Supreme Court of the State of New York · 1999
  3. In re Tina Marie W.Appellate Division of the Supreme Court of the State of New York · 1982

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