Opinion
No. 2011–2200SCR.
2012-07-17
The PEOPLE of the State of New York, Appellant, v. Steven T. HUNTER, Respondent.
Appeal from an order of the District Court of Suffolk County, First District (Gigi A. Spelman, J.), dated July 19, 2011. The order granted defendant's oral motion to dismiss the accusatory instrument.
Present: NICOLAI, P.J., MOLIA and IANNACCI, JJ.
ORDERED that the order is reversed, on the law, and defendant's motion to dismiss the accusatory instrument is denied without prejudice to renewal upon proper papers.
In support of an oral motion to dismiss the accusatory instrument charging defendant with menacing in the third degree (Penal Law § 120.15), defendant's attorney argued that defendant had been denied his right to a speedy trial (CPL 30.30[1][b]; 170.30[e] ). The People objected on the ground that the motion was not in writing and noted that they did not concede that defendant's statutory speedy trial time had expired. The District Court granted defendant's motion.
A motion to dismiss must be made in writing and upon reasonable notice to the People (CPL 210.45; seeCPL 170.45; People v. Jennings, 69 N.Y.2d 103, 113 [1986];People v. Fabio, 2 Misc.3d 137[A], 2004 N.Y. Slip Op 50248 [U] [App Term, 9th & 10th Jud Dists 2004] ). Inasmuch as the People objected to defendant's motion on the ground that it was not in writing, they did not waive their entitlement to written notice of the motion ( see Fabio, 2 Misc.3d 137 [A], 2004 N.Y. Slip Op 50248[U] ).
Accordingly, the order is reversed and defendant's motion to dismiss the accusatory instrument is denied without prejudice to renewal upon proper papers.