Legal Opinion

People v. Cushman

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1994PublishedCited by 1 opinion

1Opinion of the Court

—Order unanimously reversed on the law, motion to dismiss indictment denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on indictment.

Memorandum: On appeal from an order granting defendant’s motion to dismiss the indictment on the ground that defendant was deprived , of his statutory right to a speedy trial, the People contend that County Court erred in charging two periods, totalling 103 days, of postreadiness delay to the People (see, CPL 30.30). We agree.

The People concede that the 154-day period of time between the commencement of the criminal…

2Cases cited8 opinions

  1. People v. AndersonNew York Court of Appeals · 1985
  2. People v. HarrisNew York Court of Appeals · 1993
  3. People v. ShannonAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. RodriguezCriminal Court of the City of New York · 1986
  5. People v. AllenAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by1 opinion

  1. People v. Van DeusenAppellate Division of the Supreme Court of the State of New York · 1996

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