People v. Bradley

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS A. BRADLEY…

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

Date published: Jul 11, 1983

96 A.D.2d 707 (N.Y. App. Div. 1983)

Opinion

July 11, 1983

Appeal from the Monroe County Court, Bergin, J.

Present — Dillon, P.J., Doerr, Denman, Boomer and Schnepp, JJ.

Judgment affirmed. Memorandum: Defendant's motion to dismiss pursuant to CPL 30.30 was properly denied. The People communicated their readiness for trial when the case was placed on the Trial Calendar by the court without objection by the District Attorney (see People v Burney, 90 A.D.2d 959, application for lv to app den 58 N.Y.2d 827, and cases cited therein).

Concur — Dillon, P.J., Doerr, Boomer and Schnepp, JJ.

Denman, J., dissents and votes to reverse and dismiss indictment, in the following memorandum:

I cannot agree with the majority that the failure of the District Attorney to object when the case was placed on the Trial Calendar is the equivalent of a statement of readiness by the People. In my view the rule of People v Brothers ( 50 N.Y.2d 413) and People v Hamilton ( 46 N.Y.2d 932) requires the People to make an affirmative showing on the record that they are ready to proceed to trial within the statutory period. (See People v Giordano, 56 N.Y.2d 524, 525; see, also, People v Santiago, 96 A.D.2d 720.)