People v. Alston
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the People from an order of the Supreme Court, Queens County (Pitaro, J.), dated June 13, 1985, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to dismiss the indictment pursuant to CPL 30.30 (1) (a).
Ordered that the order is affirmed.
The defendant’s moving papers contained sworn allegations of all the facts essential to support that branch of her motion which sought to dismiss the indictment pursuant to CPL 30.30 (1) (a). The People conceded these allegations of fact by totally failing to respond to them in their papers submitted in…
2Cases cited3 opinions
- People v. GrudenNew York Court of Appeals · 1977
- People v. MelendezAppellate Division of the Supreme Court of the State of New York · 1983
- People v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1986
3Cited by3 opinions
- People v. BryantAppellate Division of the Supreme Court of the State of New York · 1989
- People v. IronsCriminal Court of the City of New York · 1987
- People v. FaisonCriminal Court of the City of New York · 1996