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Legal Opinion

People v. Callender

Appellate Terms of the Supreme Court of New York

Decided December 15, 1981PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

Judgment of conviction rendered May 12, 1980 is affirmed.

We agree with H. Altman, J. (People v Callender, 101 Misc 2d 958), that the time which elapsed from arraignment to the conversion of a misdemeanor complaint to an information (CPL 170.65; 100.10, subd 4) should not be charged to the People in computing the delay in derogation of defendant’s right to a speedy trial (CPL 30.30). Since a misdemeanor action proceeds in its pretrial stages in the *29same fashion regardless of whether the accusatory instrument is an information or a complaint, the failure of the People to…

3Cases cited5 opinions

  1. People v. SturgisNew York Court of Appeals · 1976
  2. People v. Zagorsky, New York County Courts1973
  3. People v. De FeoAppellate Terms of the Supreme Court of New York · 1974
  4. People v. GuttersonLattingtown Village Court · 1978
  5. People v. CallenderCriminal Court of the City of New York · 1979

4Cited by5 opinions

  1. People v. ColonAppellate Terms of the Supreme Court of New York · 1982
  2. People v. HurtadoCriminal Court of the City of New York · 1982
  3. People v. WhiteCriminal Court of the City of New York · 1982
  4. People v. ZisisCriminal Court of the City of New York · 1982
  5. People v. ArimontCriminal Court of the City of New York · 1983

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