People v. Jordan

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVIN JORDAN, Appellant

Court: Court of Appeals of the State of New York

Date published: Jun 5, 1984

62 N.Y.2d 825 (N.Y. 1984)

477 N.Y.S.2d 605

466 N.E.2d 145

Opinion

Argued May 4, 1984

Decided June 5, 1984

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Julius A. Hellenbrand, J.

Bruce Fenton for appellant.

Elizabeth Holtzman, District Attorney ( Rosalyn H. Richter and Barbara D. Underwood of counsel), for respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

On this direct appeal from his conviction of criminal possession of a weapon in the third degree, defendant seeks dismissal of the indictment against him on the grounds that he was denied his constitutional right to a speedy trial (incorporated in CPL 30.20) and that the People were not ready for trial within the time prescribed by statute (CPL 30.30). Neither of these claims was advanced in the criminal action before or at trial (CPL 210.45) although they were raised and rejected on defendant's pretrial petition for a writ of habeas corpus. That petition, however, was denied by the Appellate Division, and a further appeal to the Court of Appeals from that denial was dismissed ( 51 N.Y.2d 1007).

No application for the relief now sought having been made in Supreme Court in the criminal action and accordingly there having been no denial of a request for such relief, as a matter of appellate procedure, as the Appellate Division recognized, there was no ruling of the trial court in this action to be reviewed by the Appellate Division, or now in our court ( People v Whisby, 48 N.Y.2d 834; People v Adams, 38 N.Y.2d 605).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

Order affirmed in a memorandum.