From Casetext: Smarter Legal Research

People v. Vizzari

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1990
160 A.D.2d 611 (N.Y. App. Div. 1990)

Opinion

April 24, 1990

Appeal from the Supreme Court, New York County, Joan Carey, J.


Defendant was convicted of selling several pills to an undercover officer. Prior to trial defendant moved to dismiss the indictment based on the alleged failure of the People to comply with CPL 30.30 (1) (a). After the motion was denied, counsel submitted a supplemental affirmation alleging new facts, and claiming that the People did not establish "due diligence" under CPL 30.30 (4) (c). Before the People responded, the court denied the second application.

We find no merit to defendant's claim that he is entitled to dismissal of the indictment or, in the alternative, a fact-finding hearing. The trial court did not abuse its discretion when it summarily denied defendant's second application for relief. Defense counsel's supplemental affirmation, submitted after the court ruled, raised new factual matter, but no explanation was offered to show that the additional facts were not available initially.

Concur — Kupferman, J.P., Ross, Ellerin, Wallach and Rubin, JJ.


Summaries of

People v. Vizzari

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 1990
160 A.D.2d 611 (N.Y. App. Div. 1990)
Case details for

People v. Vizzari

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GINO VIZZARI, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 24, 1990

Citations

160 A.D.2d 611 (N.Y. App. Div. 1990)

Citing Cases

People v. Hennis

However, while the People's motion relies upon facts not before the court upon the original motion, the…