Legal Opinion

People v. Hamilton

Criminal Court of the City of New York

Decided September 9, 1998Published

1Opinion of the Court

OPINION OF THE COURT

Charles J. Heffernan, Jr., J.

This case presents the question whether defendant’s motion for an order dismissing the information on the ground that he has been denied his statutory right to a speedy trial under CPL 30.30 (1) (b) should be granted in unusual factual circumstances, i.e., (1) the prosecutor’s declaration of nonreadiness at *301a dispositive calendar call was induced by defense counsel’s off-calendar representation to him that she would agree to a consent adjournment; (2) the People properly filed and served a declaration of readiness shortly after that calendar…

2Cases cited8 opinions

  1. People v. KendziaNew York Court of Appeals · 1985
  2. People v. CortesNew York Court of Appeals · 1992
  3. People v. SantosNew York Court of Appeals · 1986
  4. People v. SmithNew York Court of Appeals · 1993
  5. People v. StilesNew York Court of Appeals · 1987

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