Legal Opinion

People v. Osgood

New York Court of Appeals

Decided December 22, 1980PublishedCited by 175 opinions

1Opinion of the Court

*40OPINION OF THE COURT

Wachtler, J.

The question on these appeals is whether the prosecutor’s statutory obligation to be ready for trial within six months after commencing a felony action against the accused (CPL 30.30, subd 1, par [a]) should be postponed when the felony complaint, the initial accusatory instrument, is dismissed because of the prosecutor’s inexcusable failure to prosecute.

In People v Haynes, the defendant was arrested on June 11,1977 and, the following day, was arraigned on a felony complaint. A felony hearing originally scheduled for June 27 was, at the People’s request,…

2Cases cited5 opinions

  1. People v. SamuelsNew York Court of Appeals · 1980
  2. People v. ProsserNew York Court of Appeals · 1955
  3. People v. LomaxNew York Court of Appeals · 1980
  4. People v. BrothersNew York Court of Appeals · 1980
  5. People v. JohnsonNew York Court of Appeals · 1975

3Cited by175 opinions

  1. People v. CortesNew York Court of Appeals · 1992
  2. People v. SinistajNew York Court of Appeals · 1986
  3. People v. FuggazzattoNew York Court of Appeals · 1984
  4. People v. CarterNew York Court of Appeals · 1998
  5. People v. DouglassNew York Court of Appeals · 1983

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