Legal Opinion

People v. Brown

New York Court of Appeals

Decided December 20, 2016PublishedCited by 89 opinions

1Opinion of the Court

OPINION OF THE COURT

Pigott, J.

In each of these appeals, defendants moved to dismiss the accusatory instrument on speedy trial grounds pursuant to CPL 30.30 (1) arguing that the People’s off-calendar statements of readiness were illusory because the People were not ready for trial at the next court appearance. The common issue—left open in People v Sibblies (22 NY3d 1174 [2014])—is whether, in the event of a change in the People’s readiness status, the People or the defendant have the burden of showing that a previously filed off-calendar statement of readiness is illusory. We hold that such a…

2Cases cited21 opinions

  1. People v. KendziaNew York Court of Appeals · 1985
  2. People v. CortesNew York Court of Appeals · 1992
  3. People v. SinistajNew York Court of Appeals · 1986
  4. People v. LuperonNew York Court of Appeals · 1995
  5. People v. SantosNew York Court of Appeals · 1986

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3Cited by89 opinions

  1. People v. ConnellAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. GarlandAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. EdmeadAppellate Division of the Supreme Court of the State of New York · 2021
  4. People v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2017
  5. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2017

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