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People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 2002
291 A.D.2d 346 (N.Y. App. Div. 2002)

Opinion

339

February 28, 2002.

Judgment, Supreme Court, Bronx County (Alexander Hunter, J. on speedy trial motion; Edward Davidowitz, J. at jury trial and sentence), rendered June 23, 1999, convicting defendant of attempted robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Argiro Kosmetatos for respondent.

Allen Fallek for defendant-appellant.

Before: Williams, J.P., Lerner, Buckley, Friedman, Marlow, JJ.


Defendant's speedy trial motion was properly denied. At issue is a period of 54 days that the motion court excluded as attributable to motion practice. We conclude that the People were not dilatory in their response to defendant's omnibus motion and that the delay, while lengthy, was within reasonable limits (see, People v. Roebuck, 279 A.D.2d 350, 351,lv denied 96 N.Y.2d 805; People v. Sanchez, 252 A.D.2d 508, lv denied 92 N.Y.2d 930).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, First Department
Feb 28, 2002
291 A.D.2d 346 (N.Y. App. Div. 2002)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ROBERT JOHNSON…

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

Date published: Feb 28, 2002

Citations

291 A.D.2d 346 (N.Y. App. Div. 2002)
737 N.Y.S.2d 858