Summary
In People v Williams (56 N.Y.2d 824), the prosecution presented a new argument, in the hope that the Court of Appeals would carve out an exception to the rule set forth in the Sturgis decision (supra).
Summary of this case from People v. MouliereOpinion
Decided June 8, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HAROLD J. ROTHWAX, J.
Robert M. Morgenthau, District Attorney ( Susan Corkery of counsel), for appellant.
Elaine Stogel and William E. Hellerstein for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed. On the record this case is indistinguishable from People v Sturgis ( 38 N.Y.2d 625). We need not consider whether a delay in obtaining an indictment arising from the People's decision not to seek indictments against fugitive defendants is excludable as a "period of delay resulting from the absence or unavailability of the defendant" within the meaning of CPL 30.30 (subd 4, par [c]). There is neither proof nor finding in the record supporting the contention that the prosecutor has adopted such a policy or that it was actually the cause of the delay in this case.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.