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People v. Burgos, Hernandez

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 1995
217 A.D.2d 661 (N.Y. App. Div. 1995)

Opinion

July 24, 1995

Appeal from the Supreme Court, Queens County (Corrado, J.).


Ordered that the order is affirmed.

Under the circumstances of this case, the People's statement of readiness for trial, which was made simultaneously with the filing of the indictment approximately seven weeks before the defendants' arraignment, did not toll the running of time for speedy-trial purposes ( see, People v. England, 84 N.Y.2d 1). Accordingly, the Supreme Court properly dismissed the indictment due to the People's failure to be ready for trial within six months of the commencement of the action against the defendants ( see, CPL 30.30 [a]; People v. Leavy, 204 A.D.2d 898). Bracken, J.P., Balletta, Pizzuto and Krausman, JJ., concur.


Summaries of

People v. Burgos, Hernandez

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 1995
217 A.D.2d 661 (N.Y. App. Div. 1995)
Case details for

People v. Burgos, Hernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ALBERTO BURGOS and…

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

Date published: Jul 24, 1995

Citations

217 A.D.2d 661 (N.Y. App. Div. 1995)
630 N.Y.S.2d 247