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Legal Opinion

People v. Morris

New York County Courts

Decided July 20, 1981PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Gerard E. Delaney, J.

Defendant has been indicted for the crimes of robbery in the third degree and grand larceny in the second degree. The instant motion is one to dismiss the indictment on grounds of an alleged lack of speedy trial. (CPL 30.30, 210.20, subd 1, par [g].)

A. ISSUE

The issue before the court is whether People v Sturgis (38 NY2d 625) mandates a speedy trial dismissal of criminal charges under CPL 30.30 where more than six months have elapsed from the time of the filing of a local court felony complaint against an unavailable absentee defendant who was never…

2Cases cited19 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Payton v. New YorkSupreme Court of the United States · 1980
  3. People v. ProsserNew York Court of Appeals · 1955
  4. People v. LomaxNew York Court of Appeals · 1980
  5. People v. OsgoodNew York Court of Appeals · 1980

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3Cited by2 opinions

  1. People v. ColonAppellate Terms of the Supreme Court of New York · 1982
  2. People v. EscotoNew York Supreme Court · 1983

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