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People v. Sharpe

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1985
115 A.D.2d 996 (N.Y. App. Div. 1985)

Opinion

December 20, 1985

Appeal from the Erie County Court, Dillon, J.

Present — Hancock, Jr., J.P., Callahan, Denman, Green and Pine, JJ.


Judgment unanimously affirmed. Memorandum: Defendants' speedy trial rights pursuant to CPL 30.30 were not violated by preindictment delay, because the record clearly establishes that each defendant requested delay in presentment of various drug charges in hopes of negotiating a more favorable plea than would have been legally possible after indictment (People v Thill, 75 A.D.2d 709, revd on other grounds 52 N.Y.2d 1020; People v Fuentes, 115 A.D.2d 351). Each proceeding commenced on September 25, 1981. Readiness was not announced until August 4, 1982. The record establishes excludable time in Sharpe's case at his request from September 29, 1981 to June 25, 1982 and in Wolf's case ( 115 A.D.2d 997) at his request at least from October 21, 1981 to June 25, 1982. Thus, both are well within the six-month period required by CPL 30.30. We have examined defendants' other issues and find them without merit.


Summaries of

People v. Sharpe

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 20, 1985
115 A.D.2d 996 (N.Y. App. Div. 1985)
Case details for

People v. Sharpe

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN C. SHARPE…

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

Date published: Dec 20, 1985

Citations

115 A.D.2d 996 (N.Y. App. Div. 1985)

Citing Cases

People v. Wolf

Judgment unanimously affirmed. Same memorandum as in People v Sharpe ( 115 A.D.2d 996).…

People v. Waldron

Defendant was not denied his statutory right to a speedy trial ( see generally CPL 30.30) as a result of…