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Legal Opinion

People v. Brothers

New York Court of Appeals

Decided May 29, 1980PublishedCited by 132 opinions

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

Inasmuch as CPL 30.30 accords a defendant the right to dismissal of his indictment "where the people are not ready for trial” within the period prescribed by the statute rather than according him a legislatively created right to a speedy trial, court congestion does not excuse the People’s failure to be ready for trial or defeat defendant’s entitlement to a dismissal under CPL 30.30.

Defendant was arrested on New Year’s Day, 1975 and indicted the following February 13 on two counts of driving while intoxicated as a felony (Vehicle and Traffic Law, § 1192, subds 2…

2Cases cited4 opinions

  1. People v. LomaxNew York Court of Appeals · 1980
  2. People v. HamiltonNew York Court of Appeals · 1979
  3. People ex rel. Franklin v. Warden, Brooklyn House of Detention for MenNew York Court of Appeals · 1973
  4. People v. DodsonNew York Court of Appeals · 1979

3Cited by132 opinions

  1. People v. HansenNew York Court of Appeals · 2000
  2. People v. KendziaNew York Court of Appeals · 1985
  3. People v. AndersonNew York Court of Appeals · 1985
  4. People v. CortesNew York Court of Appeals · 1992
  5. People v. LomaxNew York Court of Appeals · 1980

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