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People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1983
92 A.D.2d 549 (N.Y. App. Div. 1983)

Opinion

February 7, 1983


Appeals by defendant from (1) a judgment of the Supreme Court, Queens County (Chetta, J.), rendered February 20, 1981, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence and (2) a judgment of the same court (Brennan, J.), dated October 24, 1980 which dismissed his application for a writ of habeas corpus. Case remitted to the Supreme Court, Queens County, to hear and report, with all convenient speed, on the issue of whether defendant has been denied his right to a speedy trial. In the interim the appeals will be held in abeyance. Defendant made an omnibus motion which sought, inter alia, to dismiss the indictment on speedy trial grounds. By order dated April 16, 1980, Criminal Term (Brennan, J.), inter alia, denied that part of the motion. By order dated September 30, 1980 (Dubin, J.), defendant's later motion to dismiss the indictment on speedy trial grounds was again denied. It appears that defendant's speedy trial claim was computed from July 5, 1979, the date of Justice Naro's order dismissing the first indictment filed against the defendant with leave to the People to resubmit the charges to the Grand Jury. The criminal action in this case, for the purpose of determining defendant's speedy trial claim, commenced on the date the first accusatory instrument in the criminal proceeding was filed (see People v. Lomax, 50 N.Y.2d 351, 355-356). In light of the fact that Criminal Term did not consider the time period prior to July 5, 1979 when examining defendant's speedy trial claim, this case is remitted to Criminal Term for reconsideration of the issue. Lazer, J.P., Gibbons, Niehoff and Boyers, JJ., concur.


Summaries of

People v. Jenkins

Appellate Division of the Supreme Court of New York, Second Department
Feb 7, 1983
92 A.D.2d 549 (N.Y. App. Div. 1983)
Case details for

People v. Jenkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDOLPH JENKINS…

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

Date published: Feb 7, 1983

Citations

92 A.D.2d 549 (N.Y. App. Div. 1983)

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People v. Jenkins

By order dated February 7, 1983, we remitted the instant matter to Criminal Term to hear and report on the…