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People v. Dedmon

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1976
53 A.D.2d 646 (N.Y. App. Div. 1976)

Opinion

June 14, 1976


Appeal by the People from an order of the Supreme Court, Kings County, entered December 16, 1975, which granted defendant's oral motion to dismiss the indictment for failure to accord the defendant a speedy trial. Order reversed, on the law, and motion denied, without prejudice to its renewal upon compliance with the provisions of CPL 210.45 (subd 1), and indictment reinstated. A motion to dismiss an indictment must be made in writing and upon reasonable notice to the People (CPL 210.45, subd 1; People v Trottie, 47 A.D.2d 751; People v Ryan, 42 A.D.2d 869). The granting of such motion, orally made, in the absence of a waiver of the statutory requirements by the prosecutor, constitutes reversible error (People v Trottie, supra; People v Ryan, supra; People v Cowan, 21 A.D.2d 687). Moreover, applying the standards set forth by the Court of Appeals in People v Taranovich ( 37 N.Y.2d 442, 444-445), we are of the opinion that the record on appeal does not justify dismissal of the indictment. Latham, Acting P.J., Cohalan, Rabin, Shapiro and Titone, JJ., concur.


Summaries of

People v. Dedmon

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1976
53 A.D.2d 646 (N.Y. App. Div. 1976)
Case details for

People v. Dedmon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JOYCE DEDMON, Respondent

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

Date published: Jun 14, 1976

Citations

53 A.D.2d 646 (N.Y. App. Div. 1976)

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