People v. Jordan

Gibbons, J.,

dissents and votes to hold the appeal in abeyance and to remit the matter to the Supreme Court, Kings County, to hear and report on the issue of whether defendant was deprived of his constitutional right to a speedy trial, in accordance with the following memorandum: It is, of course, true that a motion to dismiss an indictment because of an alleged denial of the constitutional right to a speedy trial should be brought in the superior court where the indictment is pending, and should be in writing and upon reasonable notice to the People (CPL 210.20, subd 1, par [g]; 210.45). A…