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People v. Howell

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
265 A.D.2d 228 (N.Y. App. Div. 1999)

Opinion

October 21, 1999

Order, Supreme Court, New York County (Harold Beeler, J.), entered on or about May 12, 1997, dismissing the indictment on speedy trial grounds, unanimously reversed, on the law, and the indictment reinstated.


The motion court found that although the People had 183 days within which to answer ready for trial, there were 190 days of includable time. However, we find that the motion court erred in including the September 4 to 26, 1996 time period, since the Justice who ruled on the pretrial motions did not advise the parties of his intention to issue his rulings prior to the September 4 adjourned date and, in any case, the People were entitled to a reasonable adjournment to prepare for the multiple suppression hearings that were granted for the two separate defendants (see, People v. Robinson, 225 A.D.2d 407 lv denied 88 N.Y.2d 884; People v. Greene, 223 A.D.2d 474, lv denied 88 N.Y.2d 879;People v. Green, 90 A.D.2d 705, lv denied 58 N.Y.2d 784)

ROSENBERGER, J.P., WILLIAMS, RUBIN, SAXE, BUCKLEY, JJ.


Summaries of

People v. Howell

Appellate Division of the Supreme Court of New York, First Department
Oct 21, 1999
265 A.D.2d 228 (N.Y. App. Div. 1999)
Case details for

People v. Howell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JAMES HOWELL and ROGER…

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

Date published: Oct 21, 1999

Citations

265 A.D.2d 228 (N.Y. App. Div. 1999)
696 N.Y.S.2d 161