Legal Opinion
People v. Womack
Appellate Division of the Supreme Court of the State of New York
Decided July 2, 1996PublishedCited by 15 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Carol Berkman, J.), entered November 10, 1992, which dismissed the indictment on statutory speedy trial grounds, unanimously reversed, on the law, and the indictment reinstated.
The 43 days of the arresting officer’s unavailability due to maternity leave were excludable delay pursuant to CPL 30.30 (4) (g). Consequently, the People answered ready within the statutory period and the motion to dismiss should have been denied. The People successfully met their burden of establishing that the officer was an unavailable material witness, whom they reasonably…
2Cases cited5 opinions
- People v. ZirpolaNew York Court of Appeals · 1982
- In re EsworthyNew York Court of Appeals · 1990
- People v. CelestinoAppellate Division of the Supreme Court of the State of New York · 1994
- People v. PomalesAppellate Division of the Supreme Court of the State of New York · 1990
- People v. HancockAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by15 opinions
- People v. McLeodAppellate Division of the Supreme Court of the State of New York · 2001
- People v. WomackNew York Court of Appeals · 1997
- People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2000
- People v. BlacksAppellate Division of the Supreme Court of the State of New York · 2017
- People v. OnikosiAppellate Division of the Supreme Court of the State of New York · 2016
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