People v. Grant

Case held, decision reserved and matter remitted to Supreme Court, Monroe County, for a hearing, in accordance with the following memorandum: We remit for a hearing (CPL 210.45 [6]; see, People v Berkowitz, 50 NY2d 333, 348-349) and for findings of fact with respect to defendant’s speedy trial claims. The court erred in denying defendant’s motion without a hearing. Several factual issues were raised in the motion papers as to whether the People exercised due diligence and made reasonable efforts to secure defendant’s presence in the jurisdiction for trial. Accordingly, a hearing must be held…