People v. Byrd
Criminal Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Steven W. Fisher, J.
This motion to dismiss presents an issue of apparent first impression. Its resolution may have a significant impact upon trial capacity of the Criminal Court.
The relevant statutory provisions are familiar.
Where a defendant is charged with a class A misdemeanor, he is entitled to a jury trial (CPL 340.40, subd 2) and the People must be “ready for trial” within 90 days of the commencement of the action, less excludable periods (CPL 30.30, subd 1, par [b]; subd 4). In contrast, where a defendant in the City of New York is charged with no more than a class…
2Cases cited11 opinions
- United States v. LovascoSupreme Court of the United States · 1977
- Morgenthau v. ErlbaumNew York Court of Appeals · 1983
- People v. BrothersNew York Court of Appeals · 1980
- People v. HamiltonNew York Court of Appeals · 1979
- People v. ColonNew York Court of Appeals · 1983
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- People v. MatuteCriminal Court of the City of New York · 1988
- People v. VasquezNew York Supreme Court · 1986
- People v. IronsCriminal Court of the City of New York · 1987
- People v. CruzCriminal Court of the City of New York · 1985
- People v. StateikinCriminal Court of the City of New York · 1994
7 more not listed; retrieve them via the Exa API.