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People v. Samuels

Appellate Division of the Supreme Court of New York, First Department
May 18, 1989
150 A.D.2d 226 (N.Y. App. Div. 1989)

Opinion

May 18, 1989

Appeal from the Supreme Court, Bronx County, Bonnie Wittner, J., Jerome Reinstein, J.


For the reasons noted in this court's prior memorandum decision ( 133 A.D.2d 588), defendant's appeal from the judgment of conviction, rendered March 27, 1984, pursuant to which he was found guilty of criminal possession of a weapon in the second degree (Penal Law § 265.03) and reckless endangerment in the first degree (Penal Law § 120.25), and sentenced to concurrent indeterminate terms of from 7 1/2 to 15 years and from 3 1/2 to 7 years, was held in abeyance pending determination of defendant's speedy trial motion. Defendant's motion, pursuant to CPL 30.20 and 30.30 Crim. Proc., has since been adjudicated in defendant's favor and the indictments dismissed. As we agree with the factual findings and legal conclusions set forth in Judge Wittner's thorough and well-reasoned decision upon the motion, we affirm her order dismissing the indictments and, consequently, vacate the judgment of conviction and the sentences imposed thereon.

Concur — Murphy, P.J., Kupferman, Sullivan and Kassal, JJ.


Summaries of

People v. Samuels

Appellate Division of the Supreme Court of New York, First Department
May 18, 1989
150 A.D.2d 226 (N.Y. App. Div. 1989)
Case details for

People v. Samuels

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. ROBERT SAMUELS…

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

Date published: May 18, 1989

Citations

150 A.D.2d 226 (N.Y. App. Div. 1989)