Legal Opinion

People v. Channer

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1994PublishedCited by 4 opinions

1Opinion of the Court

—Case held, decision reserved and matter remitted to Niagara County Court for further proceedings in accordance with the following Memorandum: County Court erred in denying defendant’s motion to dismiss the indictment (see, CPL 30.30 [1] [a]) without conducting a hearing. The criminal proceeding commenced with the filing of the felony information on January 30, 1992 (see, CPL 1.20 [16]). In her moving papers, defendant alleged an unexcused delay of over 13 months, and the motion should have been granted unless the People controverted the factual basis for the motion (see, People v Santos, 68…

2Cases cited6 opinions

  1. People v. SantosNew York Court of Appeals · 1986
  2. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1992
  3. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. WigginsAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. ReinhardtAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by4 opinions

  1. People v. GreyAppellate Division of the Supreme Court of the State of New York · 1999
  2. People v. GreyAppellate Division of the Supreme Court of the State of New York · 1999
  3. People v. D'AntuonoAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. AgeeAppellate Division of the Supreme Court of the State of New York · 2025

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