People v. Guirola
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Ordered that the judgment of conviction is reversed, on the law, so much of the order dated November 10, 2009 as denied the branch of defendant’s motion seeking to dismiss the accusatory instrument on statutory speedy trial grounds is vacated, defendant’s motion is granted, and the accusatory instrument is dismissed.
At issue on this appeal is whether the People’s repeated declarations of unreadiness in court rendered their prior off-calendar statements of readiness illusory. We conclude, under the circumstances of this case, that they did.
On March 1, 2008,…
2Cases cited8 opinions
- Marks v. United StatesSupreme Court of the United States · 1977
- People v. KendziaNew York Court of Appeals · 1985
- People v. CarterNew York Court of Appeals · 1998
- People v. StirrupNew York Court of Appeals · 1998
- People v. SibbliesNew York Court of Appeals · 2014
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3Cited by6 opinions
- People v. AmericaCriminal Court of the City of New York · 2016
- People v. CarthonAppellate Terms of the Supreme Court of New York · 2016
- People v. CarthonAppellate Terms of the Supreme Court of New York · 2016
- People v. Carthon (Reuben)Appellate Terms of the Supreme Court of New York · 2016
- People v. ChalupaCriminal Court of the City of New York · 2017
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