People v. Greene
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Case held, decision reserved and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The People claim on appeal that the hearing court erred in summarily granting defendant’s motion to dismiss the indictment for denial of his right to a speedy trial. The record is devoid of any findings or conclusions which formed the basis for the granting of defendant’s motion. We remit for a hearing (CPL 210.45 [6]; see, People v Berkowitz, 50 NY2d 333, 349) and for findings of fact with respect to defendant’s claims under CPL 30.30…
2Cases cited3 opinions
- People v. TaranovichNew York Court of Appeals · 1975
- People v. BerkowitzNew York Court of Appeals · 1980
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1981