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People v. Cole

Court of Appeals of the State of New York
Mar 30, 1989
73 N.Y.2d 957 (N.Y. 1989)

Opinion

Decided March 30, 1989

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, James W. Hutcherson, J.

Joel A. Siegel for appellant.

Elizabeth Holtzman, District Attorney (Michael Gore of counsel), for respondent.


MEMORANDUM.

The order of the Appellate Division should be reversed and the indictment dismissed.

The court should have granted the defendant's motion to dismiss on speedy trial grounds (CPL 30.30). Defendant's motion challenged the People's assertion of readiness as illusory because they were unable to produce the complainant. The sworn allegations of fact essential to support defendant's motion were conceded by the People when they failed to submit opposition papers contesting these allegations (People v Gruden, 42 N.Y.2d 214). Under these circumstances the court is required by statute to grant the motion (CPL 210.45 [c]; see also, People v Gonzalez, 116 A.D.2d 735).

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order reversed, etc.


Summaries of

People v. Cole

Court of Appeals of the State of New York
Mar 30, 1989
73 N.Y.2d 957 (N.Y. 1989)
Case details for

People v. Cole

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL COLE, Appellant

Court:Court of Appeals of the State of New York

Date published: Mar 30, 1989

Citations

73 N.Y.2d 957 (N.Y. 1989)
540 N.Y.S.2d 984
538 N.E.2d 336

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