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People v. Alicea

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1985
109 A.D.2d 1083 (N.Y. App. Div. 1985)

Opinion

March 1, 1985

Appeal from the Chautauqua County Court, Adams, J.

Present — Hancock, Jr., J.P., Doerr, Denman, Green and O'Donnell, JJ.


Judgment unanimously affirmed. Memorandum: We reject defendant's argument on appeal from convictions for criminal possession of a controlled substance in the third, fourth and seventh degrees that he was deprived of his statutory right to a speedy trial (CPL 30.30). It is undisputed that the time chargeable to the People prior to their statement of readiness on the record is within the statutorily mandated period. Defendant urges, however, that the period after the statement of readiness is also chargeable to the People because of their failure to comply with a direction that they make the seized drugs available to defendant's chemist. Defendant argues that this failure prevented him from preparing his defense. The delay complained of is "in no way inconsistent with the prosecution's continued readiness" ( People v. Cole, 90 A.D.2d 27, 29) and it should not be charged to the People ( see, People v. Runion, 107 A.D.2d 1080; People v. Jones, 106 A.D.2d 585; People v. Cole, supra). We have examined the other points raised on appeal and find them to be without merit.


Summaries of

People v. Alicea

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1985
109 A.D.2d 1083 (N.Y. App. Div. 1985)
Case details for

People v. Alicea

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ALICEA, Appellant

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

Date published: Mar 1, 1985

Citations

109 A.D.2d 1083 (N.Y. App. Div. 1985)

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