Legal Opinion

People v. Baldea

New York Supreme Court

Decided August 11, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Joseph A. Zayas, J.

Defendant, Hakeem Baldea, moves, pursuant to CPL 30.30 (1) (a), to dismiss the indictment charging him with burglary in the first degree (Penal Law § 140.30 [3]) and related charges. The People oppose the motion, arguing that their plea negotiations with a codefendant who had waived his speedy trial rights constituted an-“exceptional circumstance” which rendered a six-week period of delay excludable under the speedy trial statute. Defendant’s motion requires the court to decide whether a codefendant’s speedy trial waiver to engage in plea negotiations is…

2Cases cited18 opinions

  1. Padilla v. KentuckySupreme Court of the United States · 2010
  2. Lafler v. CooperSupreme Court of the United States · 2012
  3. Bordenkircher v. HayesSupreme Court of the United States · 1978
  4. Missouri v. FryeSupreme Court of the United States · 2012
  5. People v. BerkowitzNew York Court of Appeals · 1980

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