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Legal Opinion

People v. Price

Appellate Division of the Supreme Court of the State of New York

Decided February 10, 2009PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Mastro, J.P.

In a criminal prosecution, may the People avoid the dismissal of an indictment on speedy trial grounds by invoking the “exceptional circumstances” exclusion of CPL 30.30 (4) (g) to exclude the period during which an appeal is pending in an unrelated prosecution involving similar legal issues? We hold today that they may not.

The defendant was arrested in Suffolk County on February 1, 2006 and was charged by felony complaint with the class E felony of attempted disseminating indecent material to a minor in the first degree (see Penal Law §§ 235.22, 110.05 [6]).…

2Cases cited9 opinions

  1. People v. CortesNew York Court of Appeals · 1992
  2. People v. LuperonNew York Court of Appeals · 1995
  3. People v. ChavisNew York Court of Appeals · 1998
  4. People v. WashingtonNew York Court of Appeals · 1977
  5. People v. KozlowNew York Court of Appeals · 2007

4 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. People v. PriceNew York Court of Appeals · 2010
  2. People v. DevoreAppellate Division of the Supreme Court of the State of New York · 2009
  3. People v. HillAppellate Division of the Supreme Court of the State of New York · 2010
  4. People v. CoxAppellate Division of the Supreme Court of the State of New York · 2018

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