People v. Alfonso
| Decision Date | 14 July 1958 |
| Citation | 6 A.D.2d 892,177 N.Y.S.2d 1018 |
| Parties | PEOPLE of the State of New York, Appellant, v. Carmine ALFONSO, Respondent. PEOPLE of the State of New York, Appellant, v. Andrew ALFONSO, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Warren J. Schneider, New York City, for appellant.
Joseph S. Ragno, Mount Vernon, for respondent.
Appeal from an order of the County Court, Westchester County, dated December 30, 1957 granting respondents' motion to dismiss the indictments returned against them on March 26, 1956 and April 24, 1957, for lack of prosecution. Order affirmed. No opinion.
In our opinion there was no undue delay in bringing respondents to trial on any indictment, and good cause was shown by appellant why the indictments should not have been dismissed. The conspiracy indictment, handed up on April 24, 1957, was moved for trial one week after respondents had entered pleas of not guilty thereto and was adjourned for trial to June 17, 1957 on motion of an attorney for respondents' codefendants. No objection was made by respondents to such adjournment. Thereafter, on June 17, 1957, the indictments, including those returned against respondents on March 26, 1956, were consolidated for trial, without objection by respondents, and the trial was commenced, but the selection of the jury was not completed. The record establishes that thereafter, although the trial was adjourned from time to time, the People were ready to try these cases every time they appeared on the trial calendar and did not request adjournments, which were granted by the court, because of the illness of an attorney for respondents' codefendants, and for other reasons which the court considered sufficient. With respect to the indictments which were returned in 1956, and which were later consolidated, the record discloses that the delay in bringing them to trial was caused by motions for various types of relief made by respondents and by an appeal taken to this court from an order denying a motion by respondents, which was never perfected, and which was dismissed in February, 1957. Pending the appeal, and in December, 1956, a motion to dismiss the indictments was denied, on a showing that there were awaiting determination many felony cases, in which cases the defendants were confined in...
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People v. Alfonso
...nor section 602 of the Civil Practice Act relates to this situation. The Appellate Division affirmed without opinion (People v. Alfonso, 6 A.D.2d 892, 177 N.Y.S.2d 1018). Although the Court of Appeals lacks power to review where it is not clear whether the Appellate Division has decided upo......
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People v. Alfonso
...motion to dismiss the indictment returned against them on March 26, 1956 and April 24, 1957 for lack of prosecution (People v. Alfonso, 6 A.D.2d 892, 177 N.Y.S.2D 1018). On July 8, 1959 the Court of Appeals reversed the order of this court and remitted the matter to this court to determine ......
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People v. Haver
...County Court dismissing a series of indictments charging bookmaking and conspiracy for failure to prosecute under Section 668 (6 A.D.2d 892, 177 N.Y.S.2d 1018) 9 The Court of Appeals, 6 N.Y.2d 225, 189 N.Y.S.2d 175, reversed the order of the Appellate Division and remitted the matter to the......
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People v. Alfonso
...Respondent. Court of Appeals of New York. Jan. 6, 1959. Appeal from Supreme Court, Appellate Division, Second Department, 6 A.D.2d 892, 177 N.Y.S.2d 1018. The County Court, Westchester County, on December 30, 1957, entered an order granting motion of defendants to dismiss indictments return......