Legal Opinion

People v. Oliveri

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

Decided December 3, 2009Published

1Opinion of the Court

The motion court properly excluded the period from December 16, 2002 (when a felony complaint was filed in the instant case) through February 3, 2003 (when the People answered ready), and that ruling is dispositive of the speedy trial motion. Defendant was on trial on a homicide indictment through January 17, 2003 and was sentenced in that case on March 17, 2003. “[A] 11 proceedings up until the imposition of sentence are excludable” pursuant to CPL 30.30 (4) (a) (People v Boyd, 189 AD2d 433, 437 [1993], lv denied 82 NY2d 714 [1993]). Furthermore, the delay was reasonable. With respect to the…

2Cases cited2 opinions

  1. People v. BoydAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. OsorioAppellate Division of the Supreme Court of the State of New York · 2007

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