People v. Pierce

2 Citing cases

  1. People v. Lebensfeld

    82 A.D.2d 925 (N.Y. App. Div. 1981)   Cited 4 times

    Order reversed, on the law, indictment reinstated, and case remitted to Criminal Term for further proceedings on the indictment. After a review of all relevant factors, we conclude that the defendants were denied neither their statutory nor constitutional right to a speedy trial (see CPL 30.30; People v Taranovich, 37 N.Y.2d 442), and that dismissal in the interest of justice was inappropriate (see CPL 210.40, subd 1). Neither was the failure of the People to be ready for trial on the day that the case was marked "final" against them sufficient cause for dismissal (see People v Stein, 70 A.D.2d 634; People v Pierce, 54 A.D.2d 766). We note that defendants' motion for an order "Pursuant to CPL ยง 210.20, dismissing the Indictment", without specifying under which ground enumerated in CPL 210.20 the order was sought, was insufficient to satisfy the requirement of "reasonable notice to the people", as set forth in CPL 210.45 (subd 1) (cf.

  2. People v. Stein

    70 A.D.2d 634 (N.Y. App. Div. 1979)   Cited 3 times

    Appeal by the People from an order of the Supreme Court, Kings County, entered September 15, 1978, which dismissed the indictment in the interest of "calendar control". Order reversed, on the law, and indictment reinstated, without prejudice to defendants' right to move to dismiss the indictment pursuant to CPL 210.20. No findings of fact have been considered (see People v. Pierce, 54 A.D.2d 766; People v. Pichkur, 52 A.D.2d 852). Rabin, J.P., Gulotta, Martuscello and Mangano, JJ., concur.