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People v. Cascio

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1981
80 A.D.2d 922 (N.Y. App. Div. 1981)

Opinion

March 30, 1981


Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 27, 1980, convicting him of bribery in the second degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial of defendant's motion to dismiss the indictment. Judgment reversed, on the law, motion to dismiss granted and matter remitted to Criminal Term for the entry of an order in its discretion pursuant to CPL 160.50. While periods of time attributable to appeals are excluded from the time chargeable to the People for purposes of determining whether a defendant's rights have been violated, CPL 30.30 (subd 4, par [a]) specifically provides that such periods be "reasonable". Under the facts of this case, the delay occasioned by the People's failure to perfect their appeal to the Court of Appeals was not reasonable and mandates a granting of the defendant's motion to dismiss the indictment. (See, e.g., People v. Fromen, 308 N.Y. 324.) Damiani, J.P., Titone, Mangano and Rabin, JJ., concur.


Summaries of

People v. Cascio

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 1981
80 A.D.2d 922 (N.Y. App. Div. 1981)
Case details for

People v. Cascio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEONARD CASCIO…

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

Date published: Mar 30, 1981

Citations

80 A.D.2d 922 (N.Y. App. Div. 1981)

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